Institutional & Social

Town of Lapel Unified Development Code

IsInstitutional & Social

Ordinances and Development Regulations

Volume 8 of 12

Town of Lapel, Indiana | Unified Development Code2

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Is District - Institutional & Social | Ordinances and Development Regulations 3

V8.1 - Intro & Gen. Standards

V8.2 - Dev. & Perf. StandardsV8.3 - Appendix

Table of Contents V8.1 Introduction and General Standards V8.1.1 District Intent.....5 V8.1.2 Permitted and Special District Uses.....6 V8.1.3 Unlisted or Questionable Uses.....7 V8.1.4 General District Standards.....7

V8.2 Development and Performance Standards V8.2.1 Introduction.....11 V8.2.2 Expansion or Modification of Existing Land Uses and Structures.....11 V8.2.3 Development Standards that Apply.....11 V8.2.4 Lot / Yard Standards.....11 V8.2.5 Height Standards.....12 V8.2.6 Accessory Use / Structures Standards.....12 V8.2.7 Buffer Zone / Screening Standards.....13 V8.2.8 Performance Standards.....23 V8.2.9 Public Improvement Standards.....23 V8.2.10 Building Design and Architectural Standards.....26 V8.2.11 Lighting Standards.....31 V8.2.12 Environmental Standards.....32 V8.2.13 Flood Hazard Area Standards.....36 V8.2.14 Parking Standards.....41 V8.2.15 Loading Standards.....44 V8.2.16 Entrance / Drive Standards.....45 V8.2.17 Sight Visibility Standards.....46 V8.2.18 Telecommunication Facility Standards.....47 V8.2.19 Farm Animal Standards.....50 V8.2.20 Satellite Dish Standards.....51 V8.2.21 Temporary Use / Structure Standards.....52 V8.2.22 Fence and Wall Standards.....53 V8.2.23 Landscaping Standards.....54 V8.2.24 Seasonal Housing Standards.....57 V8.2.25 Sign Standards.....59 V8.2.26 Adult Uses Standards.....62

V8.3 Appendix V8.3.1 Approved Tree Species.....63



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V8.1 Introduction & General Standards

V8.1.1District IntentThe “Is”, Institutional & Social District is intended to provide locations for large-scale public facilities, educational facilities, religious centers, and other institutions. This district is further intended to provide a set of setbacks and other standards that are responsive to the unique scale and other considerations common to these types of uses. This district is further intended to reduce land use conflicts and ensure that institutions are appropriately integrated into the community.



V8.1.2Permitted and Special District Uses

Perm

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Use

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Agricultural Uses • Farmer’s Market

Park Uses • Nature Preserve / Center, Park or Playground• Athletic Fields / Courts• Recreational Uses (small & medium scale)

Communications / Utility Uses• Communication Service Exchange • Public Wellfield / Water Treatment Facility • Sewage Treatment Plant • Utility Substation

Residential Uses• Nursing / Assisted Living Facilty• Residential Facility for the Mentally Disabled (type I & II) • Residential Facility for the Mentally Ill

• Retirement Facility

Institutional / Public Uses • Day Care Center• Cemetery • Church or other Place of Worship • Community Center• Fairgrounds • Government Facility (office & non-office) • Hospital / Medical Center • Institution for the Developmentally Disabled / Mentally Ill • Medical Clinic • Museum or Gallery • Post Office • Police, Fire, Rescue Station • School (P-12), University / College

Agricultural Uses• Winery

Institutional / Public Uses • Animal Shelter • Heliport • Penal or Correctional Facility

Communications / Utility Uses• Telecommunications facility / Tower

Residential Uses• Boarding House • Fraternity / Sorority House

Commercial Uses • Conference Center • Brewery (with food service / without food service)• Wine Tasting Facility

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V8.1.3Unlisted and Questionable UsesAny land use not listed or that is questionable as a permitted use in Section V8.1.2 on page six (6) of this volume, is not allowed unless determined otherwise, through interpretation of the Unified Development Code’s intent and the intent for the Is District. A. Following the process set forth in Section V1.8 of Volume One, Processes, Permits, & Fees, the Zoning Administrator or Plan Commission may determine that an unlisted or questionable use may be placed if it is significantly similar to another use that is permitted by right.B. In no instance shall the Zoning Administrator’s interpretation be construed as a process for establishing a Use Variance.

V8.1.4General District Standards The following illustrations on pages eight (8) and nine (9) display the General District Standards for the Is District.



Minimum Lot Area:• 10,000 square feet

Minimum Lot Width:• 100 feet

Minimum Lot Frontage:• Not applicable

Maximum Lot Depth: • Not applicable

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LOT AREA

PROPERTY LINE

LOT D

EPTH

LOT FRONTAGE

LOT WIDTH


Sewer and Water:• Must use public sewer and water

Minimum Front Yard Setback:• Arterial Road: 50 feet• Collector Road: 30 feet• Local Road: 25 feet

Minimum Side Yard Setback:• When adjacent to Residential Use, 25 ft | Non-Residential Use, 20 ft

Minimum Rear Yard Setback:• When adjacent to Residential Use, 25 ft | Non-Residential Use, 20 ft

Maximum Lot Coverage:• Square footage of all structures and impervious surface cannot exceed 70%

of the Lot Area

Minimum Ground Floor Area:• Not applicable

Maximum Primary Structures per Lot: • Not applicable

Maximum Height of Structures:• 60 feet• Accessory Structures not to exceed height of Primary Structure


BUILDING ENVELOPE

LOT D

EPTH

FRONT YARD SETBACK

REAR YARD SETBACK

SIDE YARD SETBACK

LOT COVERAGE

LOT D

EPTH

PRIMARY STRUCTURE 1

ACCESSORYSTRUCTURE


V8.2 Development & Performance Standards

V8.2.1Introduction All structures, land uses, land use changes, structural alterations, structural relocations, structural additions, and structural enlargements that are constructed, created, established, or otherwise occur after the effective date of this Code (except as may otherwise be provided within this Ordinance) shall be subject to all Development and Performance Standards and regulations for this District.

V8.2.2Expansion or Modification of Existing Uses and StructuresNo structure, parking area, or other site feature regulated by this Code shall be enlarged, altered, or expanded unless the minimum improvements required by this Section are provided to the property to the extent of its alteration or expansion.

In the case of a substantial expansion, the entire site must meet the requirements of this Section. An alteration or expansion to an existing property is substantial when the area or square footage of the expanded or altered land (including property used for building space, parking, or storage) or structure, respectively, exceeds 25% of the area or square footage of the existing land or structure, exclusive of the alteration or expansion.

V8.2.3Development Standards that ApplyThe sections that follow contain Development Standards arranged by category. The standards listed in this Volume apply specifically to the Is - Institutional & Social District. Development and Performance Standards for the other districts will be located in their corresponding Volumes.

V8.2.4 Lot / Yard Standards This Lot / Yard Standards section applies to the Is District:A. Legal Nonconforming Lots: All existing lots in conflict with the lot/yard regulations at the effective date of this Ordinance shall be considered Legal Non-Conforming Lots.B. General Requirements: Except as provided in this Ordinance, no building or structure shall be erected, altered, enlarged or reconstructed unless such alteration, enlargement, or reconstruction conforms with the lot/yard regulations of the district in which it is located, as follows: i. Front Yard Setbacks: The minimum front yard setbacks shall be as follows: a. 50 feet when adjacent to an Arterial Rd. b. 30 feet when adjacent to a Collector Rd. c. 25 feet when adjacent to a Local Rd. ii. Side Yard Setbacks: The minimum side yard setbacks shall be as follows: a. Adjacent to Residential Use, 25 feet b. Adjacent to Non-Residential Use, 20 feet iii. Rear Yard Setbacks: The minimum rear yard setbacks shall be as follows: a. 25 feet when adjacent to a Residential District b. 20 feet when adjacent to a Non- Residential District. iv. Lot Areas: The minimum lot area for this District shall be 10,000 square feet.

V8.2 - Dev. & Perf. Standards


v. Lot Width: The minimum lot width shall be 100 feet. vi. Lot Frontage: There is no minimum lot depth for this district. vii. Lot Depth: There is no minimum lot depth for this district. viii. Public Utility Requirements: Only public sewer and public water systems are permitted in the Is District. ix. Lot Coverage: The maximum lot coverage, including all impervious surfaces, shall not exceed 70% of the total lot area. . C. Setback Standards: No portion of any structure or material for sale stored outdoors is allowed to be located within the required setbacks. Structures shall include, but not be limited to garages, carports, balconies, roofs, decks, chimneys, cornices, bay windows, eaves, fire escapes, steps, and platforms above normal grade level. Parking spaces, interior drives, other vehicle use areas and sidewalks shall be permitted within the required setbacks at normal grade level subject to the requirements of this Code.

V8.2.5Height Standards This Height Standards section applies to the Is District: A. The maximum height permitted shall not exceed 60 feet for all primary structures - including any special use residential dwelling units on upper floors. i. The maximum height permitted shall not exceed the height of the primary use structure(s) for all accessory uses. B. No structure may be erected or changed so as to make its height greater than specified in Subsection A of V8.2.5, except as noted below: Exceptions to the height standards include: i. The following structures may exceed the permitted height regulations by twofold (x2), but shall not

exceed a total height from grade level of 120 feet. a. Church steeples, b. Water towers, and c. Utility transmission towers ii. The following structures may exceed the permitted height standards by up to 15 feet, but shall be completely shielded from view by design features of the building: a. Necessary mechanical appurtenances, and b. Elevator bulkheads. iii. The height of telecommunication towers and antenna shall meet the requirements of Section V8.2.18, Telecommunication Facility Standards.

V8.2.6Accessory Use / Structures Standards This Accessory Use / Structures Standards section applies to the Is District: A. No accessory structures shall be placed in any required setbacks and shall otherwise comply with all Development Standards for the Is District.B. All accessory uses and structures shall be permitted only in association with, and on the same lot as the primary use or structure. Accessory uses and structures shall not be permitted to be located, placed, or established on any lot prior to the establishment of a primary use or structure unless otherwise permitted by this Code.C. Accessory structures are not deemed to include swing sets, mailboxes, lamp posts, doghouses, tree houses, and other such incidentals except as otherwise stated in this Code.D. Accessory structures shall comply with the following location requirements: i. No accessory structures shall encroach on any platted easement without written consent of the agency the easement belongs to or is managed by.

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ii. No accessory structures shall be placed in any operable septic fields. iii. A minimum separation of ten (10) feet shall be provided between an accessory structure and any primary structure or other accessory structure. iv. All accessory structures, with the exception of gazebos, and decks, shall only be located to the rear of the primary structure except in the case of corner or through lots; in which case, the structures may be placed to the side of the primary structure. In no case may any accessory structure be located closer to the front property line than the setback provided by the primary structure.E. No vehicle may be used as an accessory structure in the Is District.F. Accessory structures and uses permitted as special uses are specified for each zoning district in the Accessory Use / Structures Standards section of the corresponding district’s volume.

V8.2.7Buffer Zone / Screening StandardsIt is the intent of this section to require buffer zones and landscape screening to reduce the negative impacts between incompatible land uses and to provide for landscaping within parking lots. It is further intended to preserve and enhance the aesthetic qualities, character, privacy, and land values of the Town.A. A Buffer Zone shall be required on the subject parcel between zoning districts as indicated on the Buffer Zone Matrix on page 22.B. A Buffer Zone shall be installed in the required setback of subject parcel even if the adjacent parcel is unimproved land. C. When any developed parcel requiring a Buffer Zone changes to a more intense land use or a special land use approval and/or site plan review is required, the buffer shall comply with the Buffer Zone Matrix on page 22 and appropriate Buffer Zone Requirements.

D. If existing conditions are such that a parcel cannot comply with the Buffer Zone Requirements, then the Zoning Administrator shall determine the character of the Buffer Zone based on the following criteria: i. Traffic Impacts. ii. Increased building and parking lot coverage. iii. Increased outdoor sales, displays, or manufacturing area. iv. Physical characteristics of the site and surrounding area such as: topography, vegetation, etc. v. Visual noise and air pollution levels. vi. Health, safety, and welfare of the Town. vii. Additional dwelling units and resulting density (residential development)E. If two zoning districts requiring a Buffer Zone are separated by a thoroughfare, the design of the Buffer Zone shall be determined by the Zoning Administrator based on the criteria contained in Section V8.2.7, (A - D) above.F. Buffer Zone Requirements are categories into three levels of intensity - One (1) being the most intense and three (3) being the lowest level of intensity. G. Subsections J -L of this ordinance contain the illustrations and requirements for Buffer Zones One (1), Two (2), and Three (3). H. Buffer Zone 1 shall be applied when the Is-zoned lot is adjacent to the following district(s): i. Il - Light Industrial ii. Ig - General Industrial H. Buffer Zone 2 shall be applied when the Is-zoned lot is adjacent to the following district(s): i. Ag - Agricultural District v. Po - Parks and Open Space I. Buffer Zone 3 shall be applied when the Is-zoned lot is adjacent to the following district(s): i. R1 - Single-family Residential (Suburban) ii. R2 - Single-family Residential (Traditional) iii. R3 - Multi-family Residential iv. C1 - General Commercial



v. C2 - Downtown Commercial vi. Is - Institutional and SocialJ. Required Buffer Zone 1 development(s) shall comply with the following standards: i. The buffer zone shall be a minimum width of 50 feet. ii. The buffer zone shall contain one (1) tree for each 20 linear feet or fraction of buffer zone length. At least one-half of the total number of trees required within the buffer zone shall be canopy trees. iii. The buffer zone shall contain a three (3) foot high screen comprised of plant material, berming, screen walls or fencing, or any combination of these elements. iv. If berming is used for all or part of the buffer zone screen, the berm shall contain a minimum of one (1) shrub for each ten (10) linear feet or fraction of berm length. All required plant material shall be placed on the top and exterior side slope of the berm. v. If a screen wall or fence is used for all or part of the buffer zone screen, a minimum of one (1) shrub for each ten (10) linear feet or fraction of wall or fence shall be placed on the exterior side of the wall or fence. vi. If plant material is used for all or part of the required buffer zone screen, the screen shall consist of a minimum of four (4) shrubs for each 20 linear feet or fraction of screen length. The shrub shall be a minimum of 24 inches high at the time of planting. vii. All areas outside of the planting beds shall be covered with grass or other living ground cover.K. Required Buffer Zone 2 development(s) shall comply with the following standards: i. The buffer zone shall be a minimum width of 30 feet. ii. The buffer zone shall contain one (1) tree for each 30 linear feet or fraction of buffer zone length. At

least one-half of the total number of trees required within the buffer zone shall be canopy trees. iii. The buffer zone shall contain a three (3) foot high screen comprised of plant material, berming, screen walls or fencing, or any combination of these elements. iv. If berming is used for all or part of the buffer zone screen, the berm shall contain a minimum of one (1) shrub for each ten (10) linear feet or fraction of berm length. All required plant material shall be placed on the top and exterior side slope of the berm. v. If a screen wall or fence is used for all or part of the buffer zone screen, a minimum of one (1) shrub for each ten (10) linear feet or fraction of wall or fence shall be placed on the exterior side of the wall or fence. vi. If plant material is used for all or part of the required buffer zone screen, the screen shall consist of a minimum of four (4) shrubs for each 20 linear feet or fraction of screen length. The shrub shall be a minimum of 24 inches high at the time of planting. vii. All areas outside of the planting beds shall be covered with grass or other living ground cover. L. Required Buffer Zone 3 development(s) shall comply with the following standards: i. The buffer zone shall be a minimum width of ten (10) feet. ii. The buffer zone shall contain one (1) tree for each 30 linear feet or fraction of buffer zone length. At least one-half of the total number of trees required within the buffer zone shall be canopy trees. iii. The buffer zone shall contain a three (3) foot high screen comprised of plant material, berming, screen walls or fencing, or any combination of these elements. iv. If berming is used for all or part of the buffer zone screen, the berm shall contain a minimum of one

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Buffer Zone 1

Plan View

Elevation



Buffer Zone 2

Screen Wall

Grass 3' Shrubs3' Berm

ShrubsDeciduous Trees

Evergreen Tree

30’

Screen Wall

Evergreen Trees

Shrubs

Deciduous Trees

3'

Plan View

Elevation

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(1) shrub for each ten (10) linear feet or fraction of berm length. All required plant material shall be placed on the top and exterior side slope of the berm. v. If a screen wall or fence is used for all or part of the buffer zone screen, a minimum of one (1) shrub for each ten (10) linear feet or fraction of wall or fence shall be placed on the exterior side of the wall or fence. vi. If plant material is used for all or part of the required buffer zone screen, the screen shall consist of a minimum of four (4) shrubs for each 20 linear feet or fraction of screen length. The shrub shall be a minimum of 24 inches high at the time of planting. vii. All areas outside of the planting beds shall be covered with grass or other living ground cover. M. Off-Street Parking Areas Off-street parking areas containing six (6) or more parking spaces shall be provided with landscaping in accordance with the following: i. 6 – 100 spaces: One (1) canopy tree and 100 sq. ft. of landscaped area per six (6) spaces – round up. For example, a lot having 56 spaces would require 10 canopy trees and 1,000 sq. ft. of landscaped area. ii. 101 – 200 spaces: One (1) canopy tree and 100 sq. ft. of landscaped area per eight (8) spaces – round up. For example, a lot having 135 spaces would require 17 canopy trees and 1,700 sq. ft. of landscaped area. iii. 201+ spaces: One (1) canopy tree and 100 sq. ft. of landscaped area per ten (10) spaces – round up. For example, a lot having 340 spaces would require 34 canopy trees and 3,400 sq. ft. of landscaped area.

Off-street parking areas serving uses located within an industrial zoning district that do not serve the general public and are not visible from a public road; or off-street parking areas in any zoning district that serve public or private forest preserve areas, game refuge areas, parks, or similar recreation areas; or that serve public and private conservation areas and structures for the development, protection and conservation of open space, watersheds, water, soil, forests and wildlife resources; or that serve non-commercial parks, playgrounds, and playfields; shall be exempt from the off-street parking area landscaping requirement.

N. Development Standards for Required Off-Street Parking Areas Required parking lot landscape areas shall comply with the following standards: i. The minimum size of a landscaped area shall be 60 square feet and at least six (6) feet wide. ii. All landscaped areas shall be covered by grass, shredded bark, or a living ground cover. iii. All landscaped areas shall contain at least one (1) canopy tree. The tree shall be located so as not to be damaged by any surrounding vehicles. (see Figure 8.2.7.1, below)

Figure 8.2.7.1



Screen Wall

Grass

3' Shrubs Shrubs

Deciduous Trees

Evergreen Tree

Buffer Zone 3

Plan View

Elevation

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O. When the property line abuts land not in the right-of-way of a street: i. The appropriate Buffer Zone shall be applied according to the zoning district for which the parking lot lies. (See the Buffer Zone Matrix on page 22) ii. If no Buffer Zone is required, the Inspector may still require the use of screening materials.P. When the property line abuts the right-of-way of a street: i. For an arterial road, Buffer Zone 1 standards shall apply. ; except where driveways or other openings may necessitate other treatments. ii. For a collector road, Buffer Zone 2 standards shall apply; except where driveways or other openings may necessitate other treatments. iii. For a local road, Buffer Zone 3 standards shall apply; except where driveways or other openings may necessitate other treatments. iv. Where peripheral landscaping and screening requirements conflict with street planting regulations of the Indiana Department of Transportation, the more stringent of the two regulations shall be applied.Q. The Zoning Administrator shall approve the location of required off-street parking landscaping using the following criteria: i. Landscaping shall be installed such that, when mature, it does not obscure traffic signs, fire hydrants, lighting, drainage patterns on site or on adjacent properties, or obstruct vision for reason of safety, ingress, or egress. ii. Trees shall be installed in such a manner that parked motor vehicles are shaded whenever possible. iii. Landscaping shall be dispersed throughout the parking lot in order to break up large expanses of impervious surfaces. iv. At least one-half of the required trees shall be

installed in the interior of the parking area. The interior shall be considered as any point ten (10) feet from the outside boundary of the parking area. This requirement may be modified by the Zoning Administrator if the landscaped areas are being used for on-site storm water retention and filtration. v. All landscaped areas shall be protected by a raised standard or rolled concrete curb. This requirement may be exempt if the interior landscaped areas are being used for on-site storm water retention and filtration – although proper plant and drainage substitutions must be implemented.

R. General Landscaping Development Standards Minimum Plant Material Standards: i. All plant materials shall be hardy to Madison County, free of disease and insects and conform to the American Standard for Nursery Stock approved by the American Nursery & Landscape Association. A list of recommended trees are available in the Appendix on page 63. A Copy is also available in the office of the Plan Commission. ii. All plant materials shall be installed in such a manner so as not to alter drainage patterns on site or adjacent properties or obstruct vision for reasons of safety, ingress, or egress. iii. All plant materials shall be planted in a manner so as to not cause damage to utility lines (above and below ground), public roadways, or pedestrian facilities (sidewalks, bikeways, multimodal paths, etc.). iv. Planting requirements shall be met through the installation of a variety of tree and plant species so as to prevent the creation of a monoculture susceptible to disease and insect pests. v. Minimum plant sizes at time of installation: a. Deciduous Canopy: two (2) and one-half (1/2) inch caliper



b. Deciduous Ornamental Tree: two (2) inch caliper c. Evergreen Tree: 24 inches in height d. Deciduous Shrub: six (6) inches in height e. Upright Evergreen Shrub: six (6) inches in height f. Spreading Evergreen Shrub: 18 – 24 inch spread g. Height and Caliper Measurements at time of planting: 1. Height shall be measured from the top of the root flair to the top of the canopy. 2. Caliper: i. If the tree caliper is four (4) inches or less, measurement shall take place six (6) inches above the root flair. ii. If the tree caliper is greater than four (4) inches, measurement shall take place 12 inches above the root flair. vi. Existing plant material which complies with the standards and intent of the ordinance, as determined by the Zoning Administrator, may be credited toward meeting the landscape requirements. vii. The plant material shall achieve its horizontal and vertical screening effect within four (4) years of initial installation. viii. Clustering of trees and shrubs within buffer zones is permitted. ix. The following trees are not permitted as they have a tendency to split and break; their roots clog

drains and sewers; and they are unusually susceptible to disease or insect pests:

Tree Species Not Permitted Common Name Horticultural Name Boxelder Acer Negundo Ginkgo Ginkgo Biloba (female only)Honey Locust Gleditsia Triacanthos var.

Inermis (with thorns)Mulberry Morus Species Black Locust Robinia SpeciesWillows Salix Species Siberian Elm Ulmus PumilaSlippery Elm; red Elm Ulmus RubraChinese Elm Ulmus ParvifolaAsh All varieties susceptible to EABSweet Gum Liquidambar Styraciflua (seed

varieties)Tree of Heaven Ailanthus AltissimaBirch, White Paper Betula Papyrifera

Minimum Berm Standards: i. Berms shall be constructed so as to maintain a side slope not to exceed a one (1) foot rise to a three (3) foot run ratio. ii. Berm areas not containing planting beds shall be covered with grass or living groundcover maintained in a healthy growing condition. iii. Berms shall be constructed in such a manner so as not to alter drainage patterns on site or on adjacent properties or obstruct vision for reasons of safety, ingress, or egress. iv. If a berm is constructed with a retaining wall or by terracing, the earthen slope shall face the exterior of the site.

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Minimum Screen Wall and Fence Standards i. All screen walls and fences shall be constructed with new, durable, weather resistant and easily maintainable materials. Chain link and barbed wire fences are not permitted. ii. The wall or fence may be constructed with openings that do not exceed 20 percent of the wall surface. The openings shall not reduce the intended obscuring effect of the wall. iii. Screen walls or fences shall not be constructed so as to alter drainage on site or on adjacent properties or obstruct vision for reasons of safety, ingress, or egress. S. Detention/retention areas shall be permitted within buffer zones provided they do not hamper the screening intent of the buffer zone or jeopardize the survival of the plant materials. T. Solid waste dumpsters and recycling containers may be installed in buffer zones provided they are completely shielded from view (from adjacent properties and public right-of-way) by a continuous opaque screen. The screen may be comprised of berming, plant material, screen walls or fences or any combination of these elements. i. If plant materials are used, they must provide the intended screening effect within one (1) year of installation. U. Requirements for projects developed in phases: If a project is constructed in phases, the landscape screen may also be constructed in phases. The Zoning Administrator shall determine the extent of each phase on: i. Adjacent land uses ii. Distance between land uses iii. Operational characteristics both on and off site iv. Building heights v. Physical characteristics of the site such as topography, existing vegetation, etc. V. Landscape Screening Waiver: Should the Zoning Administrator determine, upon inspection, that adequate

landscaping screen on a site already exists or that such landscaping screen shall not be required, the applicable zoning ordinance provisions may be waived in whole or in part. Criteria which shall be used when considering a landscaping screen waiver shall include, but shall not be limited to: i. Topographic variations ii. Existence of natural vegetation iii. Existing and proposed building placement iv. Sight distances v. Adjacent land uses vi. Existence of floodplain and poor soils areasW. Installation and Maintenance Provisions: i. The Zoning Administrator shall mandate a financial guarantee of a sufficient amount to insure the installation of all required landscaping. ii. All plant material shall be tended and maintained in a healthy growing condition, replaced when necessary, due to poor health, disease, or unsafe conditions, and kept free of refuse and debris. iii Screen walls and fences shall be maintained in good repair. iv. Any landscaping required by this section that is removed or replaced without the written permission of the Plan Commission shall be replaced at the owner’s expense with new landscaping of the appropriate species that is equal to or greater in caliper, height, or canopy proportions to the required landscaping that was removed.



How to use the Buffer Zone Matrix, BelowStarting on the left-hand column, find the District in which the proposed improvement is being made. Moving right along the row, find the District(s) for the properties adjacent to the parcel in question. If there is a number in the box, then the appropriate buffer zone is required. i. “1” requires the implementation of Buffer Zone 1 ii. “2” requires the implementation of Buffer Zone 2 iii. “3” requires the implementation of Buffer Zone 3

A parcel adjacent to multiple districts may require the implementation of two or more Buffer Zone types. For example, if an unimproved parcel in the R2 District is adjacent to the Ag District on the east and the R1 District on the west, then that parcel would require a Buffer Zone 3 implementation on the east side and a Buffer Zone 2 implementation on the west side.

Ag R1 R2 R3 C1 C2 Il Ig Is PoAg 3 3 3 3 3 2 3R1 3 2 3 2 2 1 3R2 3 2 3 3 3 2 3R3 3 3 3 2 3 3 3C1 2 2 2 3 2 2C2Il 1 2 1 1 1 2 1 1Ig 1 1 1 1 1 1 1 1Is 2 3 3 3 3 3 1 1 3 2Po 1 2 1 3 3 2

1 = Buffer Zone 1 | 2 = Buffer Zone 2 | 3 = Buffer Zone 3

Buffer Zone Matrix

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V8.2.8 Performance Standards This Performance Standards section applies to the Is District:All uses placed into operation after the effective date of this Ordinance should comply with the following general performance standards in the interests of protecting public health, safety, and general welfare and lessening damage to property. No use on a property should exhibit obnoxious characteristics to the extent that it constitutes a public nuisance or interferes with reasonable enjoyment of neighboring properties. No use in existence on the effective date of this Ordinance should be altered or modified to conflict with these standards. The “Right to Farm” laws may supercede these guidelines as they pertain to farming and agricultural uses.A. Air Pollution: No use on a property should release vapors, noxious, toxic or corrosive matter or other air pollutants in such concentration as to be detrimental to health, animals, vegetation or property, or conflict with public air quality standards.B. Electrical Disturbance: No use on a property should cause electrical disturbance adversely affecting radio, television or other equipment in the vicinity.C. Fire Protection: Fire fighting equipment and prevention measures acceptable to the local Fire Departments should be readily available and apparent when any activity involving the handling and storage of flammable or explosive materials is conducted.D. Noise: No use on a property should produce noise in such a manner as to be objectionable because of volume, frequency, intermittence, beat, shrillness, or vibration. Such noise should be muffled or otherwise controlled so as not to become detrimental or a nuisance to neighboring property-owners. Public safety sirens and related apparatus used solely for public purposes shall be exempt from this standard.E. Vibration: No use on a property should cause vibrations detectable beyond lot lines without the aid of instruments.F. Heat and Glare: No use on a property should produce heat and glare in such a manner as to create a hazard to

neighboring property. No such heat or glare interfere with the reasonable enjoyment of neighboring property, or the safety of transportation routes.G. Waste Matter: No use on a property should accumulate within the lot or discharge waste matter beyond the lot lines.H. Water Pollution: No use on a property should produce erosion or other pollutants in such a quantity as to be detrimental to adjacent properties or to conflict with public water quality standards.

V8.2.9Public Improvement Standards This Public Improvement Standards section applies to new developments in the Is District:A. General Requirements: Developments are permitted only if the public streets, drainage facilities, and utilities are adequate to serve the proposed development. i. The Lapel Plan Commission, based on the recommendations of the Engineer, Surveyor, and Building Inspector, shall make determinations as to needed street, utility, and drainage improvements. ii. All public improvements must be constructed to comply with all applicable standards included in this Code, the Town of Lapel Subdivision Control Ordinance, and any other adopted construction standards for the Town of Lapel. B. Sidewalks: All developments shall be required to install public sidewalks along any public streets within and adjacent to the development. i. All sidewalks shall be constructed in the right-of- way, required buffer zone, or in a sidewalk easement adjacent to the right-of-way. ii. Sidewalks shall be separated from the back of the curb of the adjacent road by a planting strip which is a minimum of ten (10) feet in width along arterial and collector roads and six (6) feet in width



along local roads. Screening materials used to comply with any buffer zone requirements may be located within the planting strip. iii. Sidewalks shall be a minimum of five (5) feet in width in residential areas and eight (8) feet in width in nonresidential and mixed-use areas, or when located along the perimeter of a development. iv. Sidewalks shall be constructed of concrete and be a minimum of six (6) inches thick in residential areas and eight (8) inches thick in nonresidential and mixed-use areas, or when located along the perimeter of a subdivision with expansion joints located minimally at five (5) foot intervals. Where construction standards for the State of Indiana or the Town of Lapel differ from the above standards, the most stringent standards shall be followed.C. Internal Pedestrian Ways: All developments shall be required to install designated paths providing for pedestrian and bicycle movement between public sidewalks and public-use structures / areas throughout the development. i. These designated paths shall be a minimum of eight (8) feet in width and include an improved surface of concrete that is a minimum of eight (8) inches thick. ii. Designated paths shall be separated by grade or distance from from entrance drives and internal traffic aisles and drives.D. Street Dedications: All developments shall be required to dedicate right-of-way consistent with street classifications as developed by the Lapel Plan Commission for all existing and proposed roads transecting or adjacent to the property being developed. E. Street Construction: The owners of the new development shall install the portion of new roads proposed by existing Town plans (e.g.

Comprehensive Plan) transecting or adjacent to a property being developed if either of the following conditions are present: i. The development has direct access to the road proposed by the plan; or ii. The road proposed by the plan will provide previously unavailable access to other properties controlled by the owner of the new development. F. Street Trees: All developments shall be required to provide street trees within the eight (8) foot planting area located in the “Frontage Zone” (See Figure 8.2.9.1) i. One (1) street tree shall be planted for every 40 feet of road frontage. ii. There shall be a minimum of three (3) tree species planted throughout the complex - selected from the approved list of street trees (see Table V8.3.9.2). Tree species shall be evenly distributed throughout the development so that there is no consecutive planting of trees belonging to the same species. iii. No tree may be planted so that its center is closer than two (2) feet to a sidewalk, curb, or edge of pavement (if no curbs are present). iv. No tree shall be planted within 25 feet of the intersection of two street’s rights-of-way, or within ten (10) feet of the intersection of a street and an entrance driveway. v. No tree shall be planted within ten (10) feet of any fire hydrant or within five (5) lateral feet of any underground or above ground utility services. vi. Street trees shall be hardy to Madison County, free of disease and insects, and conform to the American Standard for Nursery Stock approved by the American Nursery & Landscape Association. vii. Street trees shall be a minimum of two and one- half (2 1/2) inches in calliper at the time of planting. 1. Caliper measurements shall take place

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Figure 8.2.9.1

six (6) inches above the root flair. Table V8.3.9.2Approved Street Tree SpeciesCommon Name Horticultural Name American Hornbeam Carpinus carolinianaPagoda Dogwood Cornus alternifolia Thornless Hawthorn Crategus crus-galli inermisEuropean Hornbeam Carpinus betulusYellowwood Cladrastis kentukeaThis list is provided as a guide to the most appropriate species to be planted as street trees. Species not on this list may be suitable as street trees and may be approved for planting by the Plan Commission.

Approved Street Tree SpeciesAmur Cork Tree (male only) Phellodendron amurenseRiver Birch Betula nigra Hackberry Celtis occidentalisEuropean Beech Fagus sylvaticaGinkgo (male only) Ginkgo bilobaSweetgum Liquidambar styraciflua Tuliptree Liriodendron tulipiferaCucumber Magnolia Magnolia acuminataLondon Planetree Platanus x acerfolia Swamp White Oak Quercus bicolorShingle Oak Quercus imbricaria English Oak Quercus robur - ‘Fastigiata’Northern Red Oak Quercus rubra Japanese Pagodatree Sophora japonicaSilver Linden Tilia tomentosaThis list is provided as a guide to the most appropriate species to be planted as street trees. Species not on this list may be suitable as street trees and may be approved for planting by the Plan Commission.

G. Public Utiliies: All new developments in the Is - Institutional & Social District shall be required to connect to public sanitary sewer systems. i. Storm water drainage systems in developments shall not result in any additional run-off being transferred to adjacent properties other than through proper easements established for that purpose. ii. The size of all sewer mains shall be large enough not only to serve the areas under immediate consideration, but also to serve areas which



are likely to be developed and which should be served by the extensions under construction.H. Easements: No structure may be located in, or otherwise obstruct any easment held by the Town of Lapel. I. Dry Fire Hydrants: In locations where fire hydrants served by a public water system can not be provided, dry hydrants shall be provided in all lakes and storm water retention and detention ponds subject to the specifications of the appropriate local fire department.

The regulations of this section do not represent the full list of standards and codes for new subdivision developments in the Town of Lapel. In addition to the standards of this section, all new subdivision developments must comply with the regulations found in the Subdivision Control Ordinance contained in Volume 12.

V.2.10Building Design and Architectural StandardsThe Following Design and Architectural Standards apply to new developments in the Is District. A. Compliance required for building permit: Compliance with this section, as determined by the Zoning Administrator, shall be required as a condition precedent to the issuance of a building permit for commercial developments in the Is District. A decision by the Zoning Administrator may be appealed to the BZA, following the rules and procedures set forth in Volume 1, Section V1.6. B. All developments shall comply with respect to street orientation to ensure appropriate human scale and pedestrian accessibility. C. Roofing i. All roofing materials shall be subject to the approval of the Plan Commission. ii. There shall be a minimum roof overhang of nine (9) inches on all sides of the structure.

iii. The roof shall be covered with the highest industry standard roofing materials including, but not limited to natural clay tiles, slate, concrete tiles (with natural texture and color), wood shakes or shingles (with adequate fire protection), or high profile, three-dimensional asphalt/fiberglass shingles with a 30-year warranty, or synthetic or recycled material that stimulates tile, stone, shake or slate. iv. Metal roofing shall be permitted so long as the materials meet the following requirements: 1. Galvanized roofs shall have a minimum galvanizing level of at least “G-90” as suggested by the Metal Construction Association. 2. Galvalume roofs shall have a minimum rating of AZ-50 or AZ-55. 3. Painted metal roofs shall meet the minimum requirements of the Metal Construction Association’s Certified Premium Painted level (or its equivalent). v. All roof-mounted mechanical equipment shall be screened from public view. Screening shall use the same or similar materials as the principal structure. All ground-mounted mechanical equipment shall be screened with opaque fencing, a masonry wall, or landscaping so that the mechanical equipment is not viewable from any public area. Wall or window-mounted mechanical equipment shall not be permitted. D. Building Material Requirements i. Where two (2) wall materials are combined horizontally on one elevation, the heavier of the two (2) materials must be below. ii. The exterior finish of all commercial developments shall be masonry, glass, 3-step hard stucco, fiber cement siding, architectural steel or metal with a minimum 30-year warranty, or a combination thereof, except for doors, windows, accents and

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trim. 1. Masonry shall be defined as stone, simulated stone, cast stone or brick. 2. Any other material approved by the Plan Commission. 3. A combination of the aforementioned materials. 4. Sheathing or bracing may not be used as an exterior wall covering except with the prior written approval of the Plan Commission. iii. At least 50 percent (50%) of the ground floor of all structures shall be masonry. a. When garage doors are located on a front elevation, in making the calculation, they shall be included as a part of the façade. iv. A minimum of three (3) different materials shall be used on each structure, and each material shall comprise no less than 20 percent (20%) of the exterior wall finish. v. No more than 33 percent (33%) of the building facade may be fiber cement siding or architectural steel or metal. vi. The use of materials such as wood shingles or wood siding shall be limited to accent features. vii. The following exterior wall colors shall be prohibited: 1. Day - Glo, 2. Luminescent, 3. Iridescent, 4. Neon, or similar types of color finishes. viii. Mirrored glass with a reflectivity of 20 percent (20%) or more shall be prohibited on the exterior walls and roofs of all structures. viii. Other wall finishes, accent materials, or recognized architectural styles may be approved by the Plan Commission. ix. The side and rear elevations of all strucutres

greater than 1,500 square feet that abut a street, open space, trail, or park, shall have at least 30 percent (30%) masonry as the exterior building material on all visible elevations. x. Any remaining, non-masonry façade area(s) shall be comprised of the materils listed in Subsection D item number ii of this Section.E. Architectural Design Requirements i. All commercial development design plans with side or rear elevations adjacent to streets, parks, golf courses, open space, or other public use shall distribute architectural features and materials so as to achieve side-specific design for each side that faces such street, park, golf course, open space, or public use. ii. Any exterior wall in excess of 40 feet in length shall include offsets (articulation) of at least two (2) feet. There shall be no less than one (1) offset for every 20 feet of horizontal length. 1. Articulation for facades may include recesses, staggered walls, stepped walls, pitched or stepped roof-lines, overhangs, or other elements of the structure’s mass. iii. There shall be no windowless elevations. iv. Exterior stairwells facing a street, park, golf course, open space, or other public use shall comply with the following standards: 1. Stairwells shall be concealed within a fully-enclosed structure, except for appropriately-sized cutouts to allow for ventilation and pedestrian access. 2. The landing shall be recessed a minimum of five (5) feet into the structure. 3. The stairwell structure shall not protrude more than eight (8) feet beyond the facade of the residential structure. v. The “tops” of all commercial structures shall emphasize a distinct profile or outline with elements



such as: 1. Projecting parapets, cornices, upper level setbacks, or pitched roof-lines vi. All commercial or mixed-used structures in the Is District shall provide a primary pedestrian entrance that is easily visible from the public right- of-way. If the structure has more than one side adjacent to a street, such as a corner-lot building, then only one side of the building facing the street shall be required to have a primary pedestrian entrance. vii. Where commercial developments are located along a public-right-of way, parking lots and parking structures shall be located on the interior of the lot. See Figure 8.2.10.1F. Architectural, conservation, and indoor air quality standards. This section is implemented with a weighted point system. Development design plans subject to the requirements of this ordinance shall be compared against the architectural, conservation, and/or indoor air quality features listed below and shall be assigned points thereunder. All development design plans shall: i. Meet a minimum score of 15 points from Table 8.2.10.1, Architectural Standards; and ii. Meet a minimum score of 10 points from Table 8.2.10.2, Conservation and Indoor Air Quality Standards.

Parking Lot

Collector Street

Figure 8.2.10.1 - The parking lot is located on the interior of the lot with the structures lining the public right-of-way.

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Table 8.2.10.1 - Architectural Standards Windows 3 2 1 Total

1. Window mullion patterns on 75% of windows X

2. One full height, two-story bay window X

3. One bay window X4. One or more roof dormers X5. Two or more clerestory windows or

windows with transoms above the main window

X

6. Secondary entrances that include glazing and landscape treatment X

7. Ribbon windows with two or more horizontal rows of windows containing at least three windows each

X

8. Decorative shutters on all street facing windows X

9. Decorative window heads or window sills on all street facing elevations

X

10. Arched or Gabled windows on all street facing windows X

11. Transparent windows that comprise at least 30% of the visible facade

X

Roofs 3 2 1 Total12. Light colored, light-reflecting

shingles / roofing material X

13. Clay, concrete tile, cement, or standing seam metal roof X

14. Decorative roofing elements (e.g. copper above a bay window) X

15. Greater than nine (9) inch roof overhang on all sides X

Architectural Details / Styles 3 2 1 Total16. Facade with greater than 30%

masonry (on all public use-facing sides)

X

17. 100% masonry on all sides X18. Arched entry or breezeway

entrance X

19. Projecting cornices at least 12 inches in height X

20. Change in siding style between structure and roof gable ends X

21. Decorative material on at least one gable end facing a public street or public use (e.g. decorative vents, lentils, etc.)

X

22. Loading docks not visible from public parking and access areas. X

23. Provide a wide fascia at least four (4) inches around doors, windows, and awnings

X

24. Second story courtyard / garden for residential uses. X

Awnings, Canopies, and Arcades 3 2 1 Total25. Covered pedestrian access on all

public-facing facades X

26. Covered pedestrian access on all facades X

Table 8.2.10.2 - Conservation StandardsConservation and Indoor Air Quality Standards

3 2 1 Total

1. Photovoltaic solar panel installed X



2. Solar thermal solar panel installed X7. Energy Star certified HVAC System 5 points8. US Green Building Council LEED

Certification, Platinum Level Certification*

10 points

9. US Green Building Council LEED Certification, Gold Level Certification*

8 points

10. US Green Building Council LEED Certification, Silver Level Certification

6 points

11. US Green Building Council LEED Certification, Certified Level 5 points

12. Stated furnace efficiency between .78 and .95 AFUE X

13. Stated furnace efficiency greater than .95 AFUE X

14. Stated water heater efficiency between .675 and .82 X

15. Stated water heater efficiency of .82 or more X

16. Air conditioner with stated efficiency greater than or equal 14 SEER X

17. Air conditioner with stated efficiency greater than or equal to 16 SEER X

18. Certified EPA Water Sense unit X19. All showerheads and hand held

showers are 2.0 GPM or less X

20. All showerheads and hand held showers are Water Sense labeled X

21. All bathroom faucets flow rate is 1.5 GPM or less at 60 PSI X

22. All bathroom faucets are Water Sense labeled X

23. All toilets are 1.28 GPF or less X24. All toilets are Water Sense labeled X25. All toilets have dual actuated

flushing X

26. Dishwasher is Energy Star labeled X27. Landscape weather-based irrigation

controllers are Water Sense labeled X

28. Design of front landscaped area utilizes Water Sense budget tool X

29. On-demand hot water systems in accordance with Water Sense programs, including, but not limited to: • Tankless water heater at water-

use location • Manifold system with less than

1/2 gallon bleed-off• Circulating pump on occupant

switch

X

30. Use of pressure compensating sprinklers with check valves X

31. Irrigation system designed by certified irrigation contractor X

32. Active radon control system X33. Passive radon control system X34. Heat recovery ventilation/energy

recovery ventilation system X

35. LED Lighting with bi-level motion sensors (Parking lots, indoor, etc.) X

36. Geothermal heating/cooling system installed 5 points

In instances when special uses in the Is District require Architectural & Building Design standards that are different than

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those in this section (for reasons of public health, safety, and welfare), the Plan Commission or Town Council may modify the requirements of section V8.2.10 to accommodate the needs of the development. For example, windowless elevations may be needed for the development of a penal or correctional facility in the Is District.

V8.2.11Lighting Standards This Lighting Standards section applies to the Is District. A. General Lighting Standards: Lighting on each lot shall be designed to reduce light pollution while providing the maximum light necessary for security and safe pedestrian movements. i. All ground lighting used to cast light on building facades, features of buildings, or signs must have shields to assure that light does not project beyond the building or sign and must utilize the least amount of light necessary to light the facade, building feature, or sign. The light fixture and any bulb must be shielded from view of any street, sidewalk, or other public right-of-way. ii. Lighting fixtures and poles must be consistent in color, height, and design throughout the development. 1. The height of a fixture shall not exceed 20 feet in parking areas and 12 feet in pedestrian areas. iii. All freestanding lights and lights mounted on walls or facades must have cut-off luminaries with 90 degrees or less of an angle (downlighting). (See Figure V8.2.11.1) iv. Lighting shall not be oriented so as to direct glare or excessive illumination onto streets in a manner that may distract or interfere with the vision of drivers on such streets. 1. Lighting from a development of an Is District may not cause more than two (2)

foot-candles of illumination beyond the property line when adjacent to a Residential District. 2. Recreational uses with overhead illumination such as swimming pools, tennis courts, ballfields, or playground

areas shall be set back a minimum of 50 feet from the property line when adjacent to a Residential District. This shall be in addition to any required setback and / or buffer zone. v. Measurements of light readings shall be taken along any property line of the subject property with a light meter facing the center of the property at a height of six (6) feet.

Figure V8.2.11.1



B. Street & Parking Lot Lighting Standards: Street, parking lot, and ROW lighting (including lighting provided along internal pedestrian ways) shall be provided throughout the development to provide security and safe pedestrian and automobile movement. i. Street lights shall be provided by the developer throughout all parking lots and access drives where necessary to provide continuous lighting on all sidewalks, parking lots, and pedestrian ways. ii. The specific location of street lighting shall be determined by the Plan Commission, the Engineer, and the Town Council, based on the lighting options made available by the appropriate electric company. iii. Street lights shall be located in the required buffer strips which separate the road pavement from the sidewalk and in any planting areas within parking lots. iv. All costs related to the installation of street lighting shall be the responsibility of the developer. All costs relating to the use and maintenance of the street lights shall be the responsibility of the lot owner(s) of the development. v. Street lighting design shall be approved by the Plan Commission.

C. Exemptions: The following lighting types shall be expempt from the requirements of this ordinance: i. Outdoor lights used for a temporary event. ii. Emergency lighting. Lighting required for public safety in the reasonable determination of public safety officials and authorities. iii. Decorative Lighting. Low-wattage fixtures (comprised of incandescent or LED bulbs of less eight (8) watts each or other lamps of output less than 100 lumens each) used for holiday decoration. These lights shall be removed within 60 days after

the end of the holiday.

D. Prohibited Lighting: The following lighting types shall be prohibited from use in the Is District: i. Searchlights. ii. Laser source lights. iii. Neon or flourescent lighting (excluding CFLs). iv. Blinking, flashing, or lights resembling those used by emergency vehicles.

In instances when special uses in the Is District require Lighting Standards that are different than those in this section (for reasons of public health, safety, and welfare), the Plan Commission or Town Council may modify the requirements of section V8.2.11 to accommodate the needs of the development. For example, search lights may be needed during the operation of an approved penal or correctional facility in the Is District.

V8.2.12Environmental StandardsThis Environmental Standards section applies to the Is District. A. Land Suitability: No land shall be used, or structure erected where the land is unsuitable for such use or structure due to slopes greater than 10%, adverse soil or rock formation, erosion susceptibility, low percolation rate or bearing strength, or any other feature as determined by the Building Inspector, Plan Commission, or Town Council likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of the community.B. Preservation of Natural/Historic Features: Existing natural and historic features which would add value to the development of the town such as trees, streams, vistas, lakes, historical landmarks (as listed in the Indiana Department of Natural Resources Indiana Historic Sites and Structures Inventory), and similar irreplaceable assets, when possible, should be preserved through harmonious

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and careful design. Land to be developed shall be designed and improved as far as practical in conformity to existing topography in order to minimize storm water runoff, and conserve the natural cover and soil.C. Landscaping: Any part or portion of a non-farm parcel which is not used for structures, loading or parking spaces, sidewalks and accessory uses shall be landscaped or left in a natural state. If landscaped, it shall be planted with an all season ground cover and shall be landscaped with trees and shrubs in accordance with the requirements of the Landscaping Standards in Section V8.2.23 and shall be in keeping with natural surroundings.D. Riparian Habitat Areas: These provisions shall apply to all lots which are contiguous with or directly adjoin an intermittent or perennial stream or river. i. A protective streamside buffer 50 feet in width measured from the top of a stream, creek or riverbank landward shall be observed. Top of the bank shall mean the highest elevation of land which confines to their channel waters flowing in an intermittent or perennial stream or river. Except as provided in subsection vi of this section, a riparian habitat management plan, prepared by a registered civil engineer or landscape architect shall be required for development including grading, dredging, and filling within the protective streamside buffer. The riparian habitat management plan shall be submitted to the Plan Commission and Zoning Administrator for review and approval. ii. The protective streamside buffer required by subsection i of this section is a minimum and may be increased if necessary to mitigate the impact of the proposed development on riparian habitat areas. iii. A ripiarian habitat management plan shall address the following areas:

1. Site development shall be fitted to the topography and soil so as to create the least potential for vegetation loss and site disturbance; 2. Vegetation removal shall be limited to that amount necessary for the development of the site. Protection of tree crowns and root zones shall be required for all trees planned for retention; 3. Vegetation indigenous to the site or plan community shall be restored in areas affected by construction activities. Temporary vegetation, sufficient to stabilize the soil, may be required on all disturbed areas as needed to prevent soil erosion. New planting shall be given sufficient water, fertilizer and protection to insure reestablishment. Plants which minimized fire hazards should be utilized adjacent to buildings and structures; 4. If proposed development including grading, dredging and filling within the protective streamside buffer would affect the banks of the stream or river, bank stabilization using techniques acceptable to the Building Inspector shall be required to prevent erosion; 5. A discussion of site design with the Plan Commission to minimize the disturbance and loss of vegetation. iv. A riparian habitat management plan shall be drawn to scale and shall be of sufficient clarity to indicate the nature and extent to the work, bank stabilization and revegetation efforts proposed. A riparian habitat management plan shall include the following information: 1. Name and address of owner; 2. Name, address, professional status,



license number, and phone number of the person who prepared the plan; 3. Location and assessor’s parcel number of the proposed site; 4. North arrow, scale, and the name and location of the nearest public road intersection; 5. Existing contours of the site, as well as finished contours to be achieved by grading. Contours shall be sufficiently detailed to define the topography over the entire site (generally at two-foot intervals); 6. Detailed plans of all bank stabilization and erosion control measures 7. Delineation of areas to be cleared during development activities; 8. Restoration vegetation proposed for all surfaces exposed to be exposed during development activities, including any dredged, filled, or graded areas; 9. The location and extent of required Buffer Zones and method implementation; any use restrictions and method of implementation. v. All approved measures to mitigate the loss or impact to riparian habitat shall become conditions for approval of the project. In addition, all approved riparian habitat management measures shall be carried out prior to final clearance of the building permit or concurrently with the installation of site improvements in the case of a subdivision map. vi. The Zoning Administrator may waive the requirement for a riparian habitat management plan for projects which will not result in disturbance to the land or where on-site conditions clearly demonstrate that the site is not now occupied by riparian habitat vegetation and would not effectively respond to riparian revegetation. An applicant

requesting such a waiver shall submit sufficient information to substantiate the waiver. Such projects may include, but are not limited to the following: 1. A change of use or status of the property (i.e. rezoning) which will not directly result in construction or land-disturbing activities; 2. An accessory building less than five hundred square feet in size; 3. Construction within an existing structure; 4. A lot line adjustment.. E. Cut / Fill Grade: No cut or fill grade shall exceed a slope of 3/1 or 33-1/3%. This provision shall apply to all cuts and fills exceeding 100 square feet in exposed surface area, including cuts or fills on land naturally exceeding 3/1 in slope.F. Treatment of Fill: Material used for fill where permitted by this Ordinance and/ or by the IDEM, IDNR, or other governmental agency, shall be promptly covered and seeded.G. Erosion Prevention: All land, regardless of slope, from which structures or natural cover has been removed or otherwise destroyed,shall be appropriately graded and seeded within 30 days after the removal or destruction of said natural cover to prevent erosion.H. Surface Water: It shall be the responsibility of the owner of any lot or parcel of land developed for any use other than for agriculture to provide for adequate surface water drainage. Existing natural surface drainage should be utilized. Whenever the evidence available indicates that the natural surface drainage is inadequate, the owner shall provide the parcel with an adequate surface water drainage system which shall be integrated into the drainage pattern of surrounding properties. Swales are required to be placed in an easement to prohibit future filling or constructing. On-site

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detention for a 100-year storm event shall be required unless a written statement by the County Engineer indicates that it is not necessary to prevent harm to adjoining properties. All drainage plans are subject to review and approval by the Madison County Engineer, and Madison Drainage Board.I. Drainage: Drainage swales (ditches) along dedicated roadways and within the right-of-way or on dedicated drainage easements are not to be altered, except for maintenance as originally constructed and as approved by the Madison County Highway Department, the Madison County Drainage Board, or the Indiana Department of Transportation. Driveways may be constructed over these swales as permitted by the appropriate agency. J. Regulated Drain Setbacks: No permanent structures other than a fence may be erected, and if erected in violation of this section, no such structure may be used if its location is within 50 feet of the center line of any regulated tile ditch, or within 50 feet of the existing top of bank of any regulated open ditch or tile unless approved by the Madison County Engineer and Madison County Drainage Board.K. Projects Affecting Regulated Drains: Regulated drains are under the jurisdiction of the Madison County Drainage Board. The Madison County Drainage Board or Madison County Engineer shall review and approve all development or projects directly affecting a regulated open ditch or tile per I.C. 36-9-27-13 of the Indiana Drainage Code.L. Alterations to Bodies of Water: No alteration of the shoreline or bed of a river, wetland, or public lake shall be made until appropriate written approval is obtained from the Indiana Department of Natural Resources, and Army Corp of Engineers, the Indiana Department of Environmental Management; and the provisions of this Ordinance are complied with.M. Retention, Detention, and Pond Edges:

All retention, detention, and pond edges must be maintained with a buffer of natural plantings within 20 feet of the peak elevation. This shall be considered in addition to the Buffer Zone requirements in Section V8.2.7. The use of “rip-rap” or any other engineered hard edges are not permitted except around inlets and outlets. However, the use of “riprap” or any other engineered hard edgesshall not exceed 5% of lineal feet of the total edge of any retention facility, detention facility, or pond. N. Code Compliance / Hazardous Waste: All development must be in compliance with Title 329 of the Indiana Code, as amended, as it relates to hazardous waste, low level nuclear waste, underground storage tanks, waste tires, and other applicable chapters of said Title.O. Code Compliance / Environmental Quality: All development must be in compliance with Title 13 of the Indiana Code, as amended, as it relates to air pollution control,water pollution control, solid waste management, and other applicable chapters of said Title. P. Waste/Debris: No waste materials such as garbage, rubbish, household appliances, inoperable vehicles, furniture designed for interior use, gasoline, oil, flammables,soils, tars, chemicals, greases, dead plant material, noxious weeds, industrial or agricultural waste, or any other material of such nature, quantity, obnoxiousness, toxicity, or temperature so as to contaminate, pollute, or harm water bodies or ground water, provide a habitat for disease carrying animals and insects, or represent a public safety hazard shall be deposited, located, stored, or discharged outside on any lot; nor shall such waste be allowed to accumulate within structures in a manner that is inconsistent with applicable regulations for the storage of such materials. Q. Fuel Storage: No highly flammable or explosive liquids,solids, or gasses specified by the State Fire Marshal shall be stored except in accordance with the rules established by the State Fire Marshall.



V8.2.13Flood Hazard Area Standards This Flood Hazard Area Standards section applies to the Is District: The purpose of this section is to guide development in flood hazard areas in order to reduce the potential for loss of life and property, reduce the potential for health and safety hazards, and to reduce the potential for extraordinary public expenditures for flood protection and relief. Under the authority granted to local units of government to control land use within their jurisdiction, which includes taking into account the effects of flooding, the Town Council of the Town of Lapel adopts these flood hazard area standards inorder to accomplish the following:• to prevent unwise developments from increasing flood or

drainage hazards to others;• to protect new buildings and major improvements to

buildings from flood damage;• to protect human life and health from the hazards of flooding;• to lessen the burden on the taxpayer for flood control

projects, repairs to flood-damaged public facilities and utilities, and flood rescue and relief operations;

• to maintain property values and a stable tax base by minimizing the potential for creating flood blighted areas; and

• to make federally subsidized flood insurance available for structures and their contents in the Town of Lapel by fulfilling the requirements of the National Flood Insurance Program.

A. Disclaimer of Liability: The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods can and will occur on rare occasions. Therefore, this Ordinance does not create any liability on the part of the Town of Lapel, the Department of Natural Resources, or the State of Indiana, for any flood damage that resultsfrom reliance on this Ordinance or any administrative decision made lawfully thereunder.

B. Duties of the Building Inspector: The Building Inspector shall review all development and subdivision proposals to ensure compliance with this Ordinance, including but not limited to the following duties: i. Ensure that all development activities within the Special Flood Hazard Areas (SFHA) of the jurisdiction of Lapel meet the requirements of this Code; ii. Provide information and assistance to citizens upon request about permit procedures and floodplain construction techniques; iii. Ensure that construction authorization has been granted by the Indiana Natural Resources Commission for all development projects subject to the requirements of this section, and maintain a record of such authorization (either copy of actual permit or letter of recommendation); iv. Maintain a record of the “as-built” elevation of the top of the lowest floor (including basement) of new and / or substantially improved buildings constructed in the SFHA. Inspect before, during, and after construction; v. Maintain a record of the engineer’s certificate and the “as-built” flood-proofed elevation of all buildings subject to the requirements of this section; vi. Cooperate with state and federal floodplain management agencies to improve base flood and floodway data and to improve the administration of this section. Submit reports as required for the National Flood Insurance Program; vii. Maintain for public inspection and furnish upon request regulatory flood data, SFHA maps, Letters of Map Amendment (LOMA), Letters of Map Revision (LOMR), copies of DNR permits and letters of recommendation, federal permit documents, and “as-built” elevation and flood- proofing data for all building constructed subject to

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this Code; and viii. Notify adjacent communities and the State Coordinating Office prior to any alteration or relocation of a watercourse, and submit copies of such notifications to FEMA.C. Regulatory Flood Elevation: This section’s protection standard is the regulatory flood. The regulatory flood elevation and floodway limits for each of the SFHAs delineated as an “A Zone” on the Flood Insurance Rate Map of Madison County dated May 3rd, 2011, shall be the best data available as provided by the Department of Natural Resources. i. Whenever a party disagrees with the best available data, the party submitting the detailed engineering study needs to replace existing data with better data and submit it to the Department of Natural Resources for review and approval. ii. For all projects involving channel modifications or fill (including levees) the Town shall submit the data and request that the Federal Emergency Management Agency revise the regulatory flood data.D. Improvement Location Permit Application: No person, firm, corporation, or governmental body not exempted by state lawshall commence any “development” in the SFHA without first obtaining an Improvement Location Permit. The Building Inspector shall not issue an Improvement Location Permit if the proposed “development” does not meet the requirements of this Ordinance. An application for an Improvement Location Permit shall be accompanied by the following: i. A description of the proposed development. ii. Location of the proposed development sufficient to accurately locate property and structure in relation to existing roads and streams. iii. A legal description of the property site. iv. A site development plan showing existing and proposed development locations and existing and

proposed land grades. v. Elevation of the top of the lowest floor (including basement) of all proposed development. Elevation should be in National Geodetic Vertical Datum of 1929 (NGVD) or North American Vertical Datum (NAVD). In either case the conversion formula should be included.E. Improvement Location Permit Review and Approval: Upon receipt of an application for an Improvement Location Permit, the Building Inspector shall determine if the site is located within an identified floodway, floodway fringe, or within the floodplain where the limits of the floodway have not yet been determined. i. Identified Floodway Sites: If the site is in an identified floodway the Building Inspector shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Department of Natural Resources and apply for a permit for construction in a floodway. 1. Under the provisions of IC 14-28-1 a permit from the Natural Resources Commission is required prior to the issuance of a local improvement location permit for any excavation, deposit, construction or obstruction activity located in the floodway. This includes land preparation activities such as filling, grading, clearing and paving etc. undertaken before the actual start of construction of the building. 2. No action shall be taken by the Building Inspector until a permit has been issued by the Natural Resources Commission granting approval for construction in the floodway. 3. Once a permit has been issued by the Natural Resources Commission, the Building Inspector may issue the local



Improvement Location Permit, subject to compliance with all requirements of this section. The Improvement Location Permit cannot be less restrictive than the permit issued by the Natural Resources Commission. ii. Identified Floodway Fringe Sites: If the site is located in an identified floodway fringe, the Building Inspector may issue the local Improvement Location Permit provided the provisions contained in this section have been met. The key provision is that the top of the lowest floor of any new or substantially improved structure shall be at or above the Flood Protection Grade (FPG). iii. Undefined Floodplain Sites with Significant Upstream Drainage: If the site is in an identified floodplain where the limits of the floodway and floodway fringe have not yet been determined, and the drainage area upstream of the site is greater than one square mile, the Building Inspector shall require the applicant to forward the application, along with all pertinent plans and specifications, to the Department of Natural Resources for review and comment. 1. No action shall be taken by the Building Inspector until either a permit for construction in the floodway or a letter of recommendation citing the 100-year flood elevation and the recommended Flood Protection Grade has been received from the Department of Natural Resources. 2. Once the Building Inspector has received the proper permit or letter of recommendation approving the proposed development, an Improvement Location Permit may be issued provided the conditions of the Improvement Location Permit are not less restrictive than the

conditions received from the Department of Natural Resources and the provisions contained in this section have been met. iv. Undefined Floodplain Sites with Insignificant Upstream Drainage: If the site is in an floodplain where the limits of the floodway and floodway fringe have not yet been determined and the drainage area upstream of the site is less than one square mile, the Building Inspector shall require the applicant to provide an engineering analysis showing the limits of the floodway, floodway fringe and 100 year elevation for the site. Upon receipt, the Building Inspector may issue the local Improvement Location Permit, provided the provisions contained in this section have been met.F. Flood Plain Development: All developments shall be prohibited in the 100-year floodplain unless otherwise specified below: i. Permitted Uses: The following uses shall be permitted by right, provided they are permitted in the underlying district: 1. Agricultural uses such as crop production, pastures, orchards, tree farms, plant nurseries, vineyards, and general farming. 2. Forestry, wildlife areas and nature preserves. 3. Parks and recreational uses except golf course and driving range. 4. Public streets, bridges, and roadways. ii. Special Uses: Uses permitted as a Special Use are as follows - privided they are permitted SUs:: 1. Riding stables or trails. 2. Public well. 3. Sewage treatment plant (not including septic fields). 4. Water management use facilities (i.e. dams, docks, channel improvements, dikes, jetties, marinas, piers, wharves,

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levees, floodwalls, and irrigation facilities). 5. Public / private parking area. 6. Golf course. 7. Driving range. 8. Mineral extractions and processing as shown on the flood-insurance rate maps.G. Preventing Increased Damages: No development in the SFHA shall create a damaging or potentially damaging increase in flood heights or velocity or threat to public health and safety. i. Within the floodplain identified on the Flood Boundary and Floodway Map, the Flood Insurance Rate Map, or engineering analysis provided, no development shall be allowed which acting alone or in combination with existing or future development, will cause any increase in the elevation of the regulatory flood or result in a net loss of floodwater capacity. ii. No development in the SFHA shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the Flood Protection Grade, unless such materials are stored in a flood-proofed storage tank or building constructed according to the requirements of this section. iii. New and replacement sanitary sewer lines and on- site waste disposal systems may be permitted providing all manholes or other above ground openings are located above the FPG, or those which are located below the FPG are watertight.H. Building Protection Requirements: In addition to the damage prevention requirements of this section, all buildings to be located in the SFHA shall be protected from flood damage below the FPG. This building protection requirement applies to the following situations: i. construction or placement of any new building

having a floor area greater than 400 square feet; ii. structural alterations made to: 1. an existing (previously unaltered) building, the cost of which equals or exceeds 50% of the value of the pre-altered building (excluding the value of the land); 2. Any previously altered building; iii. reconstruction or repairs made to a damaged building that are valued at or more than 50% of the market value of the building (excluding the value of the land) before damage occurred; iv. installing a manufactured home on a new site or a new manufactured home on an existing site. This Ordinance does not apply to returning the existing manufactured home to the same site it lawfully occupied before it wa sremoved to avoid flood damage; and v. installing a travel trailer or recreational vehicle on a site for more than 180 days.I. Building Protection Methods: The building protection requirement may be met by one of the following methods. The Building Inspector shall maintain a record of compliance with these building protection standards as required by this section. i. Residential or Non-residential Structures on Fill: A residential or nonresidential building may be constructed on a permanent land fill in accordance with the following: 1. The fill shall be placed in layers no greater than one (1) foot deep before compacting to 95% of the maximum density obtainable with the Standard Proctor Test method. 2. The fill should extend at least ten (10) feet beyond the foundation of the building before sloping below the FPG. 3. The fill shall be protected against erosion and scour during flooding by vegetative



cover, riprap, or bulkheading. If vegetative cover is used, the slopes shall be no steeper than three (3) horizontal to one (1) vertical. 4. The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties. 5. The top of the lowest floor including basements, (see definition of lowest floor) shall be at or above the FPG. ii. Elevated Residential and Non-residential Structures: A residential or nonresidential building may be elevated in accordance with the following: 1. The building or improvements shall be elevated on posts, piers, columns, extended walls, or other types of similar foundation provided: (A) Walls of any enclosure below the elevated floor shall be designed to automatically equalize hydrostatic flood forces on the walls by allowing for the entry and exit of floodwaters, through providing a minimum of two (2) openings (in addition to doorways and windows) having a total area of one (1) square foot for every one (1) square foot of enclosed area subject to flooding (the bottom of all such opening shall be no higher than one (1) foot above grade); and (B) Any enclosure below the elevated floor is used for storage of vehicles and building access. 2. The foundation and supporting members shall be anchored and aligned in relation to flood flows and adjoining structures so as to minimize exposure to known hydrodynamic forces such as buoyancy, current, waves, ice, and floating debris. 3. All areas below the FPG shall be

constructed of materials resistant to flood damage. The top of the lowest floor (including basement) and all electrical, heating, ventilating, plumbing, and air conditioning equipment and utility meters shall be located at or above the FPG. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other water-proofed service facilities may be located below the FPG. iii. Permanent Manufactured Homes and Recreational Vehicles: Manufactured homes and recreational vehicles to be installed or substantially improved on a site for more than 180 days must meet one of the following anchoring requirements: 1. The manufactured home shall be elevated on a permanent foundation such that the lowest floor shall be at or above the FPG and securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. This requirement applies to all manufactured homes to be placed on a site; (A) outside a manufactured home park or subdivision; (B) in a new manufactured home park or subdivision; (C) in an expansion to an existing manufactured home park or subdivision; or (D) in an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as a result of a flood. 2. This requirement applies to all manufactured homes to be placed on a site in an existing manufactured home park or subdivision that has not been substantially damaged by a flood.

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3. The manufactured home shall be elevated so that the lowest floor of the manufactured home chassis is supported by reinforced piers or other foundation elements that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. iv. Temporary Recreational Vehicles: Recreational vehicles placed on a site shall either: 1. be on the site for less than 180 consecutive days; 2. be fully licensed and ready for highway use (defined as being on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or 3. meet the requirements for “manufactured homes” in Subsection iii above. v. Flood-proofed Non-residential Structures: A nonresidential building may be flood-proofed to the FPG (in lieu of elevating) if done in accordance with the following: 1. A Registered Professional Engineer shall certify that the building has been designed so that below the FPG, the structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The building design shall take into account flood velocities, duration, rate of rise, hydrostatic pressures, and impacts from debris or ice. 2. Flood-proofing measures shall be operable without human intervention and without an outside source of electricity.

V8.2.14Parking Standards This Parking Standards section applies to the Is District: A. One and one-half paved, off-street parking space is required per dwelling unit. Additionally, one (1) space for every two (2) dwelling units shall be provided for visitor parking and shall be spread evenly throughout the development. Off street parking spaces may not fully or partially be in a public right-of-way, utility easement, or septic field. Each space must be at least nine (9) feet wide and 18 feet long. i. Parking spaces used to meet the commercial development requirement shall be used to meet the visitor parking requirement. B. The minimum and maximum number of non-dwelling unit parking spaces required per property shall be determined by adding up the spaces required for each applicable statement in Table V8.2.14.1.

Table V8.2.14.1 - Parking Space RequirementsThe following number of parking spaces is required...

for every...

Minimum Maximum1 1 Employee working the longest shift.5 1 Business vehicle stored on sitein addition to... for every...0.5 1.5 3 seats in a restaurant, auditorium,

gymnasium, church, or movie theater

0.5 1.5 500 sq.ft. in all auto/boat/RV/or farm implement sales facility show rooms

1 1 Item on display at an auto/boat/RV or farm implement dealership (to be used for each display item)



0.5 1.5 400 sq.ft. of gross floor area in all hardware home improvement, furniture, and large appliance store

0.5 1.5 200 sq.ft. of gross floor area in all medical or dental offices or clinics

0.5 1.5 200 sq.ft. of gross floor area in any fitness center, health spa, or entertainment center

0.5 1.5 250 sq.ft. in any administrative or professional business office, library, museum, or art gallery

0.5 1.5 200 sq.ft. in any car wash, repair, or modification center

0.5 1.5 300 sq.ft. of gross floor area in all convenience stores, banks, gas stations, grocery stores, department stores, and other retail facilities

0.5 1.5 6 children permitted by capacity in any day care facility

1 1 sleeping unit in a hotel, motel, and bed and breakfast

10 25 9 holes at any golf course 1 2 classroom in elementary, middle,

or high schools with a gym or auditorium

.5 1.5 20 students for which a high school is designed

.5 1.5 4 students for which a community college, business, vocational, trade, or other commuter-based school is designed

.5 1.5 2 on-campus residents of a resident-student based college or university

.5 1.5 100 square feet of recreational area at a swimming pool or skating rink

10 25 Field or court at a sports facility 1 1.5 3 patient beds at a hospital or

nursing home 0.5 1.5 200 sq.ft. in a personal service

business, beauty or barber shop, or dry cleaners

2 5 lane at a bowling alley 0.5 1.5 5000 square feet at a self-storage

facility 0.5 1.5 5 hanger or tie-down spaces at an

airport or heliport

C. Driving Surface All parking areas, including parking spaces, interior drives, and ingress/egress into parking areas must be paved with asphalt or concrete and shall be clearly painted to show each space. i. Pervious concrete pavement may be used as a substitute to standard concrete.

D. Drainage Whenever feasible, drainage from parking structures shall be captured on site through the use of bio-retention swales, large planting areas, and impervious concrete materials. i. This shall be subject to the review and approval of the Building Inspector and County Engineer.

E. Access to Public Streets Parking areas shall be located on the interior of the lot accessible to the public street through an entrance drive. Parking areas must be designed as to prevent vehicles from having to back into or maneuver in public streets or entrance drives.

F. Locations Parking lots shall not be located in any right-of-way, easement, required buffer zone, or any required setbacks.

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G. Curbs and Wheelstops All parking areas shall be completely curbed and wheel stops shall be provided as necessary to protect pedestrians and/or landscaping.

H. Lighting Lighting for parking areas shall conform with the applicable requirements of the Lighting Standards Section of this Code. I. Landscaping Landscaping for parking areas shall conform with the Buffer Zone and Screening Standards in Section V8.2.7 as well as the Landscaping Standards Section of this Code.

J. Off-site Parking Parking spaces required in this section may be provided either on the premises or on an off-site lot located within 700 feet of the premises. i. Two (2) or more uses may provide off-site parking collectively on one lot so long as the sum of the required spaces for each use meet the minimum and maximum requirements for said use. ii. Two or more uses for which the normal hours of operation do not overlap may share parking either on or off-site. iii. A permanent documentation of any off-site and/or shared parking agreement must be signed by all involved property owners. The permanent written agreement shall include, but is not limited to the following items: maintenace, snow removal, ownership, and liability. The agreement shall be reviewed and approved by the Building Inspector. The agreement shall be recorded in the office of the Town Council. A copy of the agreement shall be kept in the office of the Plan Commission.

K. Handicap Parking Handicap parking spaces shall be provided in all parking

areas consistent with the most recent requirements of the Americans with Disabilities Act.

L. Parking Space and Interior Drive Dimensions Parking spaces and interior drives shall conform with the requirements in Table V8.2.14.2:

Table V8.2.14.2 - Parking Space & Interior Drive Requirements

Angle of Parking

Min. Driving Aisle Width (ft.)

Minimum Parking Space Size Width (ft.) Length (ft.)

Parrallel 12 10 20...up to & including 45 degrees

14 10 18

...up to & including 60 degrees

18 9 18

...up to & including 90 degrees

24 9 18

M. No vehicle, including recreational and commercial vehicles,shall be parked, stored, or allowed to remain on a lot or parcel of land that does not contain a principal structure.N. Vehicles or trailers of any type without current license plates and registration or in an inoperable condition shall be prohibited other than in completely enclosed buildings or associated with permitted junk yards or auto-repair facilities. Such vehicles associated with permitted junk yards or auto-repair facilities must be stored consistent with the following requirements: i. All such vehicles, including antique vehicles, shall be stored within the rear or side yard. In no case shall such vehicles be stored in any right-of-way, front yard, or required setback area.



ii. All storage areas for such vehicles shall be completely enclosed with a six (6) foot tall, 100% opaque wood, stone, or masonry fence. Gates allowing access to the storage areas are permitted. Gate shall be closed when not in use, and shall consist of six (6) foot tall, 100% opaque wooden doors. O. No vehicle or tractor / trailer of any type may be used predominantly for the purpose of personal storage.P. Storage or parking of recreational vehicles for residential uses in the Is District shall be prohibited.

V8.2.15Loading Standards This Loading Standards section applies to the Is District: There shall be provided off-street loading berths not less than the minimum requirements specified in this section in connection with any building or structure which is to be erected or substantially altered, and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles. i. Location: All required off-street loading berths shall be located on the same lot as the use to be served, and no portion of the vehicle shall project into a street, alley, or other public right-of-way. No permitted or required loading berths shall be located within 50 feet of the nearest point of intersection of any two streets. ii. Size: Off-street loading berths for over-the-road tractor- trailors shall be 14 feet in width and 120 feet in length including the apron. For local pick-up and delivery trucks, off-street loading berths shall be at least 12 feet in width and 60 feet in length including apron. All loading spaces shall be provided with a vertical clearance of not less than 15 feet. iii. Access:

Each required off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will not interfere with traffic movements. There shall be no maneuvering within the right-of-way. In no case shall a loading berth be located in such a manner as to require loading / unloading vehicles to back into a public right-of-way. iv. Surfacing: All open off-street loading berths shall be improved with a compacted base of asphalt or concrete. v. Space Allowed: Space allowed to any off-street loading berth shall not be used to satisfy the space requirements of any off-street parking spaces or portions thereof. vi. Landscaping: The paved surface of all loading areas shall be considered as part of the parking lot and shall be factored into calculations for required landscaping as specified by the Landscaping Standards in Section V8.2.23. vii. Berths Required: Loading berths for uses which require the receipt or distribution of materials or merchandise by trucks, semi-trailers, or similar vehicles shall be required based on Table V8.2.15.1, below.

Table V8.2.15.1 - Loading Berth Requirements Gross Floor Area Berths Required

Up to 40,000 sq.ft. 140,000 - 80,000 sq.ft. 280,000 - 120,000 sq.ft. 3120,000 - 160,000 sq.ft. 4Greater than 160,000 sq.ft.

1 additional berth for every additional 80,000 sq.ft. of gross floor area.

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V8.2.16Entrance / Drive Standards This Entrance / Drive Standards section applies to the Is District. It is the intent of this section to provide for a safe and efficient vehicular and pedestrian transportation system. A. The location of drives on or near curves and changes in grade shall be investigated individually by the Town Council and evaluated for their sight distance and the design speed of the roadway or the posted speed limit, whichever is greater. The Town Council may specify entrance and drive locations based on this investigation. i. No entrance or drive shall be permitted within: 1. 140 feet of the apex of a curve (30 degrees or greater) and where the road is an Arterial, 2. 120 feet of the apex of a curve (30 degrees or greater) where the road is a Collector, 3. 70 feet of the apex of a curve (30 degrees or greater) where the road is a Local Road. ii. No entrance or drive shall be permitted: 1. Within a minimum of 225 feet from the crest of a hill where the slope on either side of the crest is six percent (6%) or greater, and the speed limit is 45 MPH or greater; 2. Within a minimum of 175 feet from the crest of a hill where the slope on either side of the crest is six (6%) or greater, and the speed limit is 45 MPH or less; or

3. Where the visibility to or from the desired location is determined to be otherwise impaired by the Building Inspector. iii. Curb cuts and drives are permitted within 30 feet of the crest of a hill unless the Building Inspector determines the visibility to be impaired.



B. No entrance or drive shall exceed the following pavement widths for two-way traffic (if one-way, the measurements shall be one-half (1/2) of the measurements below: i. 32 feet if from a non-residential use onto an Arterial, ii. 30 feet if from a non-residential use onto a Collector, iii. 26 feet if from a non-residential use onto a Local Road, iv. 30 feet if from a multi-family residential district onto an Arterial or Collector, v. 28 feet if from a multi-family residential district onto a Local Road, vi. 28 feet if from a single-family residential district onto a an Arterial or Collector, or vii. 22 feet if from a single-family residential district onto any type of street. The distances for the above standards shall be determined by measuring from the outside edges of the curb or pavement (whichever is more) of the entrance or drive at the public right-of-way which it accesses.

C. All drives providing access to a public right-of-way from all lots used for purposes other than single-family residences shall be designed so that vehicles are traveling in a forward direction when entering and leaving. In no case may any access drive be designed to require a vehicle to back onto any arterial or collector road.D. The number of entrances or drives provided shall meet the following requirements: i. Single and two-family residences shall be limited to two (2) drives per dwelling unit; ii. If a manufactured home park or multifamily development has 40 or more dwelling units, there must be two (2) access points from the public road. Individual dwelling sites may only have driveways accessing interior roads.E. All entrances or drives which provide access to more than three (3) lots,which are not part of a larger subdivision, with

access from a public right-of-way shall be considered a private street and shall be prohibited.F. The Building Inspector or Plan Commission may determine that the following are necessary: i. an acceleration or deceleration lane, or ii. a passing blister at a new entrance or driveG. No entrance or drive shall be permitted to begin within: i. 200 feet of any intersecting road if along an Arterial. ii. 175 feet of any intersecting road if along a Collector. iii. 150 feet of any intersecting road if along a Local Road. H. Entrance / drives must be paved with a hard surface. Specifications shall be shown on the site plan or permit. I. No two (2) entrances or drives shall be within: i. 200 feet of one another if along an Arterial. ii. 150 feet of one another if along a Collector. iii. 100 feet of one another if along a Local Road. The distances for the above standards shall be determined by measuring from the curb or edge of pavement to the curb or edge of pavement (whichever is less) of each entrance or drive

V8.2.17Sight Visibility Standards This Site Visibility Standards section applies to the Is District. The intent of this section is to provide for a safe vehicular and pedestrian transportation system. The visibility at intersections, driveways, curb cuts, and entrances are particularly important for the safe movement of vehicles and pedestrians. A. All intersections must maintain an area (Sight Visibility Triangle) where primary or accessory structures, trees, vegetation, or signs (other than road signs) are not allowed to be placed or to project between a height of three (3) and eight (8) feet measured from the nearest top-of-curb (or edge of pavement where curbs are not present). The Sight Visibility Triangle is illustrated in Figure V8.2.17.1

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Figure V8.2.17.1

Table V8.2.17.1 - Sight Visibility Triangle Standards Sight Visibility Triangle Requirements Road Type “A” and “B” Segment LengthArterial 35 feetCollector 30 feetLocal 20 feetPrivate Entrance or Drive 15 feet

This table should be paired with Figure V8.2.17.1

B. The Sight Visibility Triangle shall be established by connecting points located along the intersecting rights-of- way at the distances from the point of intersection required by Table V8.2.17.1.

V8.2.18Telecommunication Facility StandardsThe purpose of this section is to allow for the provision of adequate reliable public and private telecommunication service and to maximize the use of any transmission tower and tower site in order to reduce the total number of towers and locations needed to serve the telecommunication needs of the area; to minimize adverse, undesireable visual effects of towers through careful design, siting, and vegetative screening. All wireless telecommunication facilities shall meet the following provisions: A. Required Approvals: The placement of telecommunication facilities shall meet the following approval requirements as detailed in this section: i. The installation of new antenna on existing towers, including legal non-conforming towers, and existing alternative structures (such as water towers, buildings, or church steeples) may be approved by the Building Inspector subject to conformance with all applicable requirements of this Ordinance. ii. The installation of new accessory structures to support the installation of antenna on existing towers or alternative structures may be approved by the Building Inspector subject to conformance with the applicable requirements of this Ordinance. iii. The installation of new towers shall be approved either by the Building Inspector as a permitted use or by the Board of Zoning Appeals as a special use consistent with the provisions of this section. B. Determination of Tower Need: Any proposal for a new telecommunications tower shall only be approved if the applicant submits verification that the antennas planned for the proposed tower cannot be accommodated on any existing or approved towers or structures within a three (3) mile radius of the proposed tower location due to one (1) or more of the following reasons:



i. The antennas would exceed the structural capacity of the existing or approved tower or structure as documented by a qualified and licensed professional engineer, and the existing or approved tower, building, or structure cannot be reinforced, modified, or replaced to accommodate the antennas at a reasonable cost. ii. The antennas would cause interference impacting the usability of other existing or planned equipment at the tower site. Supportive documentation by a qualified and licensed professional engineer indicating that the interference cannot be prevented at a reasonable cost must be provided. iii. The existing or approved towers or structures within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer. iv. Other unforeseen reasons that make it unfeasible or impossible to locate the planned telecommunication equipment upon an existing or approved tower or structure as certified and documented by a qualified and licensed professional engineer. v. Unable to enter a commonly reasonable lease term with the existing tower owner or land owner. vi. Additional land area is not available. C. Design Requirements: i. Towers and antennas should generally be designed to blend into the surrounding enviormment throught the use of color, camouflaging, and architectural treatment, except in an instance where the color is dictated by federal or state authorities such as the Federal Aviation Administration. ii. Wireless telecommunication service towers less than 131 feet tall should generally be of a monopole design and, when located within or adjacent to an environmentally, aesthetically sensitive area or

a residential district, designed in such a way as to architecturally camouflage the wireless telecommunication service tower as much as reasonably practical to blend in with the surroundings. iii. The use of residentially compatible materials such as wood, brick, or stucco is required for associated support structures, which shall be designed to architecturally match the exterior of any adjacent residential or commercial structures within the neighborhood or area. Only if the facility will be 100% screened, as determined by the Building Inspector, during all seasons, may other material be used. iv. Only when lighting is for safety or security reasons or required by the Federal Aviation Administration or othe federal or state authority shall it be permitted. All ground level security lighting shall be oriented inward so as not to project onto surrounding properties, and shall have 90-degree cut-off luminaries (shielded downlighting). v. Any proposed telecommunication tower shall be designed, and engineered structurally, electrically, and in all other respects to accommodate both the applicant’s equipment and at least one additional user for every 50 feet in total tower height in excess of 75 feet. 1. Each additional user shall be assumed to have an antenna loading equal to that of the initial user. 2. Towers must be designed to allow for future rearrangement of antennas upon the tower and accpet antennas mounted at varying heights. D. Site Requirements: i. All telecommunications facilities shall be fully automated and unattended on a daily basis, and shall be visited only for periodic maintenance and

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emergencies. ii. Vehicular access to the tower and equipment building shall, whenever feasible, be provided along existing driveways. iii. The lot where the tower is located (or lease area) shall be large enough to accommodate all future anticipated accessory structures needed by future antenna users. The size of the site shall also be of sufficient area to allow the location of two additional towers and associated support facilities. At a minimum, the width and depth of the tower site shall be 50 feet greater than a distance equal to the tower height. iv. No part of any wireless telecommunication facility nor any lines, cables, equipment or wires or braces in connection with either shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk, or property line. v. An eight (8) foot high security fence shall completely surround the tower and equipment building site. An area ten (10) feet in width may remain outside of the fence for the purpose of providing the landscaping screening described below. vi. Evergreen buffer plantings shall be located around the outermost perimeter of the security fence of all wireless telecommunications facilities, including any guy wires and anchors. 1. If evergreen hedges are used, they shall be a minimum of five (5) feet tall at the time of planting and planted a maximum of three (3) feet on center. 2. If evergreen trees are used, they shall be a minimum of eight (8) feet tall at the time of planting and planted at a maximum of ten (10) feet on center. 3. Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.

4. At no time shall the landscaping requirements of this section be used to meet the landscaping requirements in another section of this ordinance. E. Construction Requirements: i. All applicable provisions of the Building Code of the State of Indiana and the Federal Communications Commission shall be followed. ii. Towers shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the Building Code. iii. Towers and antennas shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code. iv. Towers shall be constructed to conform with the requirements of the Occupational Safety and Health Administration. v. An engineer’s certification shall be submitted to document and verify the design specifications including but not limited to, the foundation for the tower, anchors for the guy wires, if used, co- location, and strength requirements for natural forces; ice, wind, earth movements, etc. vi. All signal and remote control conductors of low energy extending substantially horizontally above the ground between a tower, antenna and a structure, or between two towers, shall be at least ten (10) feet above the ground at all points, unless buried underground. vii. Towers and antennas shall be designed and constructed, at a minimum, to withstand wind gusts of at least 80 miles per hour with one-half inch of ice, also accommodating any co-location requirements. viii. The maximum height of the tower shall be 125 feet. The maximum height of any accessory structure



shall be 15 feet. F. Existing Facilities: i. Existing towers may continue in use for their current purpose but may not be replaced or structurally altered without complying in all respects to the requirements in this Ordinance. ii. Any request submitted to the Lapel Plan Commisison to install an antenna to be located on an existing approved or “grandfathered” tower will only require an improvement location permit and a copy of the contract between the applicant company and the owner of the tower. iii. If such towers are hereafter damaged or destroyed due to any reason or cause whatsoever, the tower may be repaired and restored to its former location and physical dimensions upon obtaining an improvement location permit. However, if the cost of repairing the tower to the former use, physical dimensions, and location would be ten- percent (10%) more than the cost of a new tower of like kind and quality, then the tower may not be repaired or restored except in full compliance with all requirements in this Ordinance. G. Inspection: All towers may be inspected periodically by an official of the Lapel Plan Commission and/or a qualified and licensed engineer to determine compliance with the original construction standards. Deviation from original construction for which a permit is obtained constitutes a violation of this Ordinance. H. Removal: Any tower unused or left abandoned for 12 consecutive months shall be removed by the tower owner at their expense. At the time an improvement location permit is received for the construction of any tower or antenna, both the property owner and tower owner shall provide a bond meeting the requirements of the Town in an amount

and duration necessary to ensure the tower’s and/or antenna’s removal.

V8.2.19Farm Animal Standards This Farm Animal Standards section applies to the Is District. The impact of farm animals varies by size and type of animal. The concept of a Farm Animal Unit has been created to balance the impact of large and small animals. A. Farm Animals Defined: Nothing in this section shall be interpreted as regulating the keeping of household pets. For the purpose of this section, farm animals shall be defined as those which are raised and maintained for, or in support of, the production of food or other products. The owners of any development may eliminate or restrict the keeping of household pets for residents living in an apartment, condo, or similar type of unit located on their lot. B. Animal Units Permitted: Farm animals are not permitted within the Is District except as a part of a permitted or special use as listed in Section V8.1.2 of this Code. The Town Council shall have the discretion to determine the minimum acreage for any farm animal not listed below.

Farm Animal Capacity Requirements Animal Type UnitsLarge Animals: horses, cattle, buffalo, camels, donkeys

1.5

Medium Animals: llamas, emu, ostrich, alpacas, sheep, goats

1

Small Animals: pigs, turkeys, geese 0.5Very Small Animals: chickens, rabbits, ducks 0.1

C. Apiary / Bee Hive Standards: The keeping of bee hives for the purpose of harvesting

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honey is not permitted in the Is District.

V8.2.20Satellite Dish Standards This Satellite Dish Standards section applies to the Is District. It is the intent of these standards to provide for timely, reasonably priced, and quality access to satellite communication while ensuring the health, safety, and aesthetic quality of Lapel. These regulations are intended to prevent satellite dishes from interfering with the provisions of utilities, provide for the safety of residents traveling public roads, and prevent damage or injury resulting from antenna detached from their base by act of nature or man. A. Satellite dishes shall be described and regulated by their size and proposed location within the community with the requirements of Federal Law. A satellite dish shall be described as follows: i. A satellite dish one (1) meter or less in diameter at any location, and two (2) meters or less in a C1, C2, Ig, or Il zoned district. ii. A satellite dish over two (2) meters in diameter located in a C1, C2, Ig, or Il zoned district, and over one (1) meter in diameter located in all other districts. B. All satellite dishes shall be installed in a manner consistent with the requirements of this section, all applicable state and local electrical and building codes, and the manufacturer’s specifications. C. Any satellite dish which is not attached to the primary structure on the property, but is instead mounted seperately on the lot shall conform to the following requirements: i. The antenna, together with any support structure, shall not exceed the maximum height requirements for accessory structures for the district in which it is located. ii. All wiring shall be buried underground at a depth of no less than two (2) feet. iii. The antenna and any supporting structure shall

be anchored in a concrete foundation which does not extend above grade level. D. Any satellite dish which ceases to be used for a period of time exceeding 12 months shall be removed. Any required bracing, support structures, and fencing shall also be removed at that time. E. Satellite dishes one (1) meter or less in diameter in any residentially used or zoned district, and dishes two (2) meters or less in any non-residentially used or zoned district shall be allowed without a permit subject to the following requirements: i. The dish shall be an accessory use, subordinate to the primary use on the property. ii. The dish shall conform with the required front yard setbacks for the district in which it is located. iii. The dish shall not be placed in, or overhang any public right-of-way or utility easement. iv. No part of the dish in combination with the structure upon which it is mounted shall exceed the maximum height requirements for the district in which it is located. v. The dish shall be screened or located in such a manner so that it is not visible from the public right- of-way.F. Satellite dishes greater than one (1) meter in diameter in any residentially used or zoned district, and antenna greater than two (2) meters in diameter in any non-residentially used or zoned district shall require a permit, and placement of the antenna shall be subject to the following requirements. i. The dish shall be an accessory use, subordinate to the principal use on the property. ii. The dish shall be located to the rear of the principal structure on the property (if mounted on the ground or an accessory structure) and to the rear of the roof peak (if mounted on the primary structure), and shall conform with the required setbacks for the district in which it is located. iii. The dish shall not be placed in, or overhang, any



public right-of-way, easement, or required buffer zone. iv. If mounted on the primary structure, the antenna shall not extend more than three (3) feet above the roof line. v. No part of the dish in combination with the structure upon which it is mounted shall exceed the maximum height requirements for the district in which it is located. vi. The dish shall be screened or located in such a manner so that it is not visible from the public right-of-way. vii. The owners of any development in the Is District may place more stringent requirements or even prohibit the installation of satellite dishes upon structures within their development(s). 1. In no instance shall the regulations established by an owner of any development be less stringent than those regulations set forth in this Section.

V8.2.21Temporary Use / Structure Standards This Temporary Use / Structure Standards section applies to the Is District. A. Temporary structures are permitted in any zoning district provided that the use is a permitted use in that zoning district. B. Temporary structures must meet all development standards for a permanent structure unless otherwise specified in this section. C. Temporary uses and/or structures which seek extensions of the initial time limits established for that use or structure in this section shall be subject to the approval of the Board of Zoning Appeals. An unlimited number of one (1) year extensions of time may be granted for a temporary use or structure by the Board of Zoning Appeals. The Board may impose reasonable conditions as part of its approval.

D. All temporary structures or uses shall require a permit unless otherwise specified in this Section. No temporary use or structure, or the signage, lighting, landscaping, or parking areas for such facilities shall be constructed, placed upon a site, or altered prior to all necessary permits being obtained.E. All temporary uses or structures must be removed and the original site reverted to its original condition within the duration of the permit. F. Any trailer used as a temporary structure must be equipped with skirting on all four sides which match the exterior material of the trailer. G. No extensions of the time limits described in this Section shall be considered for any temporary use or structure that violates any conditions listed in this Section or any other provision of this Ordinance. H. Temporary uses and structures which represent a public nuisance in the opinion of the Building Inspector shall be removed from the property. A nuisance temporary use/ structure shall include, but not be limited to, one which creates road congestion or prevents adequate access by fire trucks and other emergency vehicles, or disrupts the residential character of a neighborhood with excessive outdoor lighting or sound.I. The following temporary uses and structures are permitted in the Is District as described below - a permit shall be required: i. Construction Trailors are permitted subject to the following conditions: 1. The location and footprint of the construction trailor must be indicated on the approved site development plan. 2. The construction trailer must be used in conjunction with an approved construction project only during actual construction work. 3. The construction trailer shall be removed from the construction site upon the

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completion of the actual construction work or when construction has been discontinued for a period of 30 days or more. J. Any temporary structure used to house a permitted use (such as temporary school classrooms) shall be permitted for up to one (1) year. Such temporary structures shall be required to conform with all requirements for permanent structures in the applicable zoning districts established by this ordinance.

V8.2.22Fence and Wall Standards This Fence and Wall Standards section applies to the Is District: A. Fences and walls shall be permitted in the Is District subject to the conformance with the following requirements: i. All fences and walls shall present the non-structural face outward towards public rights of way. ii. All fences and walls may be permitted up to any property line that is not also a right-of-way line or part of a required buffer zone (see Buffer Zone Matrix on page 22) iii. No fence or wall may be placed in any right-of-way or any required sight visibility triangle. iv. No fence or wall may be placed in any drainage, utility, sidewalk, access, or other easement without written permission from the easement holder. v. No fence or wall may be placed in any required buffer zone that does not specifically provide for the inclusion of fences. B. Fences specifically required by this Ordinance for screening, swimming pools, telecommunication facilities, or other purposes may exceed the maximum heights established by this section in a manner consistent with the specific requirements below: i. Basketball and tennis courts shall have a maximum fence height of 12 feet.

ii. Swimming pools shall have a minimum fence height of six (6) feet and a maximum fence height of eight (8) feet. iii. Dog parks shall have a minimum fence height of six (6) feet and a maximum fence height of eight (8) feet. iv. The Plan Commission shall have the discretion of deciding the fence heights of other unique uses outside of the regulations set forth in this ordinance. C. The height of a fence shall be determined by measuring from the highest grade to the highest point of the fence, including any posts or finials. D. Fences and walls shall not exceed eight (8) feet in height in any side or rear yard and be prohibited in any front yard. Any fencing located on the lot shall be constructed with new, durable, weather resistant, and easily maintainable materials and may not be constructed of barbed-wire, razor-wire, electric, or stockade fencing. If chain link fencing is used, it must be constructed with a PVC coated material. For the purpose of this requirement, the front yard shall be defined as all areas located between any adjacent streets and the walls of the primary structure which face them. i. Any fencing being used as part of a required buffer zone installation shall meet the minimum Screen Wall and Fence Standards in Subsection R of Section V8.2.7. ii. Decorative fencing used to separate dining or resting areas from the public right-of-way may be permitted in the front yard subject to the approval of the Plan Commission.

In instances when special uses in the Is District require Fence & Wall Standards that are different than those in this section (for reasons of public health, safety, and welfare), the Plan Commission or Town Council may modify the requirements of section V8.2.22 to accommodate the needs of the development. For example, security fencing may be needed for a penal or correctional facility in the Is District.



V8.2.23Landscaping Standards This Landscaping Standards section applies to the Is District:Landscaping is integral in the design and development of a site. Such plantings are a benefit to the general welfare of the community through the reduction in storm water runoff, glare, heat buildup, and improved aesthetics of the community. A. Planting Standards: Under no circumstances shall any artificial plant be installed and / or counted as part of the required plantings. All plant materials shall be living plants and shall meet the following requirements: i. In no instance shall any landscaping required by this section, or by any other section of this Ordinance be used to meet the requirements of a different Ordinance section. In all cases, the landscaping required by any section of this Ordinance shall be considered as being in addition to any other requirements. ii. Any existing vegetation on site, which is retained, may be counted towards the minimum landscaping requirements. iii. All new trees required to be planted by this Ordinance shall be measured consistent with the American Nursery Standards Institute (ANSI). 1. All deciduous trees shall be two and one- half (2 1/2) in diameter at the time of planting - measured six (6) inches above the root flair. 2. All evergreen trees shall be six (6) feet in height at the time of planting - measured from the top of the root flair to the top of the canopy. 3. All shrubs shall be 12 inches in height at the time of planting - measured from the ground (once planted) to the top of the canopy. iv. Earthen mounds (berms) shall be physical barriers

which block or screen the view similar to a hedge, fence, or wall. If installed, berms shall meet the following requirements: 1. Berms shall be constructed so as to maintain a side slope not to exceed a one (1) foot rise to a three (3) foot run ratio. 2. Berm areas not containing planting beds shall be covered with grass or living groundcover maintained in a healthy growing condition. 3. Berms shall be constructed in such a manner so as not to alter drainage patterns on site or on adjacent properties or obstruct vision for reasons of safety, ingress, or egress. 4. If a berm is constructed with a retaining wall or by terracing, the earthen slope shall face the exterior of the site. v. All plant materials required by this section shall be free of disease, insects, and / or damage, and shall be correctly labeled indicating genus, species and cultivar. vi. Trees listed in Table V8.2.23.1, shall be prohibited.

Table V8.2.23.1Common Name Horticultural Name Boxelder Acer Negundo Ginkgo Ginkgo Biloba (female only)Honey Locust Gleditsia Triacanthos var.

Inermis (with thorns)Mulberry Morus Species Poplars Populus SpeciesBlack Locust Robinia SpeciesWillows Salix Species American Elm Ulmus Americana

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Siberian Elm Ulmus PumilaSlippery Elm; red Elm Ulmus RubraChinese Elm Ulmus ParvifolaAsh All varieties susceptible to EABSweet Gum Liquidambar Styraciflua (seed

varieties)Tree of Heaven Ailanthus AltissimaBirch, White Paper Betula Papyrifera

vii. Grass shall be planted in species normally grown as permanent lawns in Central Indiana, and may be sodded or seeded; except in swales or other areas subject to erosion, where solid sod, erosion- reducing netting, or suitable mulch shall be used. Other grasses may also be used as ornamentation and for golf course applications unless otherwise specifically prohibited by this Ordinance or deemed unacceptable by the Zoning Administrator. viii. All required “Foundation Plantings” must be within ten (10) feet of the structure’s foundation and should consist of perineal shrubs, ornamental shrubs, ornamental plants, or flowering plants. ix. No landscaping materials, vegetation, plants, shrubs, trees, retaining walls, bedding, lighting, or mounds may extend into any proposed right- of-way or easement without written permission from the agency that established the right-of-way or easement. B. Design Standards: All proposed landscape materials shall compliment the form of any existing trees and plantings. Light, water, soil quanity and quality, and on-going maintenance requirements shall be considered in selecting plant materials. C. Maintenance Requirements: Trees, vegetation, irrigation systems, fences, walls, and other landscape elements are considered elements of a

project in the same manner as parking and other site details. The owner of the property shall be responsible for the continuous proper maintenance of all landscaping materials, and shall keep them in a proper, neat and orderly appearance, free from refuse and debris at all times. i. All unhealthy or dead plant material shall be replaced by the next planting period. Other defective landscape material shall be replaced or repaired within three (3) months. ii. Landscape materials are intended to grow, spread, and mature over time. Landscaping materials used to fulfill requirements of this section may not be pruned or otherwise treated so as to reduce overall height or level of opacity. Pruning, limbing-up, topping, and other inhibiting measures including removal may only be practiced to insure the public safety, to maintain a neat and attractive appearance, and to preserve the relative health of the material involved. D. Interior Planting Requirements: Landscaping shall be required on each lot based on the use of that lot as defined in Table V8.2.23.2. Where a lot is occupied by a combination of land uses listed below, only plantings consistent with the requirements for the land use that would result in the most landscaping is required. E. Off-Street Parking Areas; Landscaping Requirements: (This Ordinance is copied from Section V8.2.7, Subsection M) Off-street parking areas containing six (6) or more parking spaces shall be provided with landscaping in accordance with the following: i. 6 - 100 spaces: One (1) canopy tree and 100 sq.ft. of landscaped area for every six (6) spaces - round up. For example, a lot having 56 spaces would require 10 canopy trees and 1,000 sq.ft. of landscaped area. ii. 101 - 200 spaces: One (1) canopy tree and 100 sq.ft. of landscaped area for every eight (8) spaces



Table V8.2.23.2 - Site Interior Planing Requirements

Zoning District This number of... this planting type... shall be required for every...

Ag (with residential use)

2 Decidous or Evergreen Trees 1 dwelling unit1 Foundation Planting 20’ of perimeter

R1 (including mobile and manufactured

homes)

2 Decidous or Evergreen Trees 1 dwelling unit1 Foundation Planting 20’ of perimeter

R22 Decidous or Evergreen Trees 1 dwelling units 1 Ornamental Tree 1 dwelling units1 Foundation Planting 15’ of perimeter

R32 Decidous or Evergreen Trees 2 dwelling units 1 Ornamental Tree 4 dwelling units 1 Foundation Planting 10’ of perimeter

C1, C2 (where appropriate)

2 Decidous or Evergreen Trees 1000 sq.ft. of ground floor area1 Ornamental Tree 1000 sq.ft. of ground floor area1 Foundation Planting 20’ of perimeter

Is2 Decidous or Evergreen Trees 1000 sq.ft. of ground floor area1 Ornamental Tree 1000 sq.ft. of ground floor area1 Foundation Planting 10’ of perimeter

Il, Ig2 Decidous or Evergreen Trees 3000 sq.ft. of ground floor area 1 Ornamental Tree 3000 sq.ft. of ground floor area1 Foundation Planting 30’ of perimeter

- round up. For example, a lot having 135 spaces would require 17 canopy trees and 1,700 sq.ft. of landscaped area. iii. 201+ spaces: One (1) canopy tree and 100 sq.ft. of landscaped area for every ten (10) spaces - round up. For example, a lot having 340 spaces would require 34 canopy trees and 3,400 sq.ft. of landscaped area. In no case shall any required Buffer Zone be considered as part of the off-street parking landscaped area.

F. Landscape Standards for Required Off-Street Parking Areas: (This Ordinance is copied from Section V8.2.7, Subsection N) Required parking lot landscape areas shall comply with the following standards: i. The minimum size of a landscaped area shall be 60 square feet and at least six (6) feet wide. ii. All landscaped areas shall be covered with grass, shredded bark, or a living ground cover. iii. All landscaped areas shall contain at least one (1)

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canopy tree. The tree shall be located so as not to be damaged by any surrounding vehicles. Required Buffer Zones shall be installed for any off-street parking areas (see Section V8.2.7, Subsections N - P for off-street parking buffer zone requirements)

G. The Zoning Administrator shall approve the location of off- street parking landscaping using the following criteria: i. Landscaping shall be installed such that, when mature, it does not obscure traffic signs, fire hydrants, lighting, drainage patterns on site or on adjacent properties, or obstruct vision for reason of safety, ingress, or egress. ii. Trees shall be installed in such a manner that parked motor vehicles are shaded whenever possible. iii. Landscaping shall be dispersed throughout the parking lot in order to break up large expanses of impervious surfaces. iv. At least one-half of the required trees shall be installed in the interior of the parking area. The interior shall be considered as any point ten (10) feet from the outside boundary of the parking area. This requirement may be modified by the Zoning Administrator if the landscaped areas are being used for on-site storm water retention and filtration. v. All landscaped areas shall be protected by a raised standard or rolled concrete curb. This requirement may be exempt if the interior landscaped areas are being used for on-site storm water retention and filtration – although proper plant and drainage substitutions must be implemented.H. Installation and Maintenance Provisions: i. The Zoning Administrator shall mandate a financial guarantee of a sufficient amount to insure the installation of all required landscaping. ii. All plant material shall be tended and maintained in a healthy growing condition, replaced when

necessary, due to poor health, disease, or unsafe conditions, and kept free of refuse and debris. iii Screen walls and fences shall be maintained in good repair. iv. Any landscaping required by this section that is removed or replaced without the written permission of the Plan Commission shall be replaced at the owner’s expense with new landscaping of the appropriate species that is equal to or greater in caliper, height, or canopy proportions to the required landscaping that was removed.I. Perimeter Screening of Parking Lots: The perimeter screening of parking lots shall be accomplished through the installation of appropriate buffer zone planting materials as specified in Section V8.2.7.

V8.2.24 Seasonal Housing Standards This Seasonal Housing section applies to the Is District: All seasonal housing units in Lapel, specifically those used in support of farming operations shall be consistent with the following minimum standards and requirements: A. Basic Equipment and Facilities: No person shall allow a dwelling unit to be occupied which does not comply with the following minimum standards for basic equipment and facilities. Every dwelling unit shall include: i. Access to a kitchen sink in good working condition and properly connected to an approved water and sewer system; ii. Access to a room which affords privacy to a person within the room which is equipped with a fresh water closet, a lavatory basin, and a bathtub or shower in good working condition and properly connected to an approved water and sewer system; iii. Access to garbage disposal facilities or garbage storage containers; and



iv. Safe unobstructed means of egress leading to safe and open space at ground level. B. Light, Ventilation, and Heating: No person shall allow a dwelling unit to be occupied which does not comply with the following minimum standards for light, ventilation, and heating. Every dwelling unit shall include: i. Adequate ventilation for every habitable room; ii. Water heating facilities properly installed and maintained in good and safe working order; iii. Adequate lighting and electrical receptacles for every habitable room. Every outlet and fixture shall be properly installed, maintained in good and safe working condition, and connected to the source of electric power in a safe manner; iv. Heating facilities which are properly installed, maintained in a safe and good working condition, and capable of safely and adequately heating all habitable rooms to a minimum of 68 degrees Fahrenheit; v. Screens and closing devices for all doors and windows (and any other opening) opening directly from a dwelling unit to an outdoor space; and vi. Screens of other devices for every opening which might otherwise allow the entry of rodents into the dwelling unit. C. Safe and Sanitary Maintenance: No person shall allow a dwelling unit to be occupied which does not comply with the following minimum standards: i. Every foundation, floor, wall, ceiling, and roof shall be reasonably weather tight, water tight, and rodent-proof and shall be capable of affording privacy and shall be kept in good repair; ii. Every window, exterior door, and basement hatchway shall be reasonably weather tight, water tight, and rodent-proof and shall be kept in sound working condition and in good repair; iii. All structures, whether occupied or unoccupied,

shall be maintained in a condition of reasonable repair to prevent the infestation of rodents and insects, and prevent the creation of a hazard to public safety and general welfare; iv. Every inside and outside stair and every porch or like structure shall be constructed so as to be safe to use and capable of supporting the load that will be placed upon it through normal use; v. Every plumbing fixture and water waste pipe shall be properly installed and maintained in good sanitary working condition, free from major leaks, defects, and obstructions; and vi. Every bathroom floor surface shall be constructed and maintained to be reasonable impervious to water and to permit the floor to be easily kept in clean and sanitary condition.D. Space Requirements: No person shall allow a dwelling unit to be occupied which does not comply with the following minimum standards: i. Every dwelling unit shall contain a minimum of 100 square feet of habitable floor space for the first occupant and at least 75 square feet of habitable floor space for each additional occupant; ii. In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of habitable floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 additional square feet of habitable floor space for each additional occupant; iii. No dwelling unit containing two or more sleeping rooms shall be arranged such that access to a bathroom intended for use by occupants of more than one sleeping room can only be obtained by passing through another sleeping room, nor shall the room arrangement require that access to any sleeping room may only be obtained by passing through another sleeping room or

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bathroom; iv. The ceiling height of all habitable rooms shall in no case be less than seven (7) feet from the interior floor level. E. License: All persons, corporations, or other entities which maintain seasonal housing shall be required to obtain a license for such dwelling units annually from the Building Inspector in a manner consistent with the adopted licensing policies and procedures of the Building Inspector. i. The licensing procedure may include a fee, established on an adopted fee schedule, and an inspection of the housing units by the Building Inspector. ii. The occupancy of any dwelling unit which is subject to the provisions of this section without a license shall constitute a violation of this Ordinance and shall be subject to the penalties listed in Volume One: Introduction, Section V1.9, Enforcement and Penalties. iii. In no case may a license be granted for the occupancy of any dwelling unit which is not constructed and maintained in a manner consistent with the minimum standards provided in this section. iv. Any determination of the Building Inspector related to these standards or this section may be appealed to the Board of Zoning Appeals.

V8.2.25 Sign Standards IntentThe intent of this section is to further the goals of the Comprehensive Plan; avoid the proliferation of signage; encourage signs to be compatible with the scale of buildings and the surrounding features; maintain and enhance the aesthetic environment of the community; eliminate potential hazards to motorists and pedestrians resulting

from signs; and promote the health, safety, and welfare of the residents of the Town of Lapel.

This Sign Standards section applies to the Is District: Except as otherwise provided in this section, it shall be unlawful for any person to erect, construct, enlarge, move, or convert any sign within the jurisdiction of the Lapel Plan Commission, or cause the same to be done without first obtaining a sign permit from the Building Inspector. The following standards apply to all signs within the jurisdiction of the Town of Lapel Plan Commission: A. Inspection: Signs for which a permit is required may be inspected periodically by the Building Inspector for compliance with this section. B. Removal of a Sign: The Building Inspector may order the removal of any sign erected or maintained in violation of the requirements of this section consistent with the provisions of Volume One: Introduction, V1.9, Enforcement and Penalties. C. Maintenance: All signs and their components shall be kept in good repair and in safe, neat, clean, and attractive condition. If failure to maintain a sign is determined by the Building Inspector, a written notice will be given to the owner, business operator, or lessee of the property consistent with the provisions of Volume One: Introduction, V1.9, Enforcement and Penalties. D. Abandoned Signs: A sign shall be removed by the owner or lessee of the premises upon which the sign is located within 30 days from the date when the business which it advertises is no longer conducted on the premises. For the purpose of this requirement, the sign shall include all supports, poles, and other structural elements. In no instance shall the removal of only the sign face be considered compliance with this provision. E. Illuminated Signs: All illuminated signs must meet the standards specified in the State Electrical Code, as adopted and amended by the State of Indiana. In addition, all illuminated signs shall comply with the following standards: i. All illuminating elements shall be kept in satisfactory



working condition and immediately repaired or replaced if damaged or burned out. Signs that are only partially illuminated shall meet all electrical requirements for that portion directly illuminated. ii. All electrical wiring for permanent signs shall be in conduit. All electricity for signs shall have a disconnecting switch located in a readily accessible place. iii. The direct or reflected light from a primary light source shall not create a traffic hazard to operators of motor vehicles on public and/or private roadways. iv. The light from any illuminated sign shall be so shaded, shielded, or directed such that the light intensity or brightness will not be objectionable to the surrounding properties. All lighting shall have 90 degree cut-off luminaries (shielded downlighting). No light shall shine directly onto adjacent property. F. Exempt Signs: The following signs are exempt from all provisions of this section. i. Flags of any country, state, unit of local government, institution of higher learning, or similar institutional flags. ii. Names of buildings, date of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete, or similar material or made of bronze, aluminum, or other permanent type construction and made an integral part of the structure. iii. Public signs erected by or on the order of public officer(s) in the performance of public duty, such as signs to promote safety, no trespassing, or traffic signs, memorial plaques, signs of historical interest, and signs directing people to public and quasi-public facilities. iv. Utility signs are permitted to mark cables and lines for public and private utilities unless determined to be a hazard by the Building Inspector.

v. Seasonal or holiday signs, including lighting erected in the connection with the observance of holidays, provided that such signs and lighting shall be removed no later than 60 days following the holiday. vi. Real estate signs provided they are not located in the right-of-way and do not exceed 24 square feet in the R1 District. vii. Political signs and other signs of expression, provided that they are not posted more than two (2) months before the next election day and are removed ten calendar days after each election. G. Prohibited Signs: The following types of signs are expressly prohibited in all zoning districts: i. Signs that utilize any motion picture, laser, or visual projection of images in conjunction with any business or advertisement. ii. Signs that emit audible sound, odor, or visible matter. iii. Signs that purport to be or are in imitation of, or resemble an official traffic sign or signal or which bear the words “Stop”, “Slow”, “Caution”, “Danger”, “Warning”, or similar words. iv. Signs that may be construed as a light of an emergency or road equipment vehicle. v. Signs that hide any traffic or roadway sign, signal, or device from view. vi. Signs that interfere with the Sight Visibility Traingle as defined in Section V8.2.17. vii. Signs that are located in any right-of-way, non-sign easment, or septic field. viii. Signs that obstruct any door, fire escape, stairway, or any opening intended to provide entrance or exit for any structure. ix. Signs placed on vehicles parked on public or private property primarily for the purpose of displaying the sign. Prohibited signs do not include those displayed on vehicles parked for the purpose

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of lawfully making deliveries or random sales or services. Prohibited signs do not include vehicles parked at a driver’s place of residence during non-business hours or for incidental purposes. H. Off-premise Signs: Off-premise signs shall be classified as either Class I, Class II, or Class III depending on the maximum square feet of sign area per side of sign. A Class I off-premise sign shall have a maximum of 1,000 square feet of area, a Class II off-premise sign shall have a maximum of 16 feet of sign area, and a Class III off-premise sign shall have a maximum of four (4) square feet of area. All classes of off-premise signs shall be prohibited in the Is District with the exceptions described below: i. General Conditions for all classes of off-premise signs: 1. Under no circumstances shall real estate signs placed on property for sale or lease, political signs, or agricultural seed signs identifying test plots be considered off- premise signs. 2. A sign permit shall be obtained from the Zoning Administrator for all off-premise signs. 3. Multiple faces mounted on the same structures shall be considered one sign. “Double stacked” signs shall be prohibited. 4. Off-premise signs shall be mounted on structures permanently anchored in the ground. Mobile off-premise signs, inflatable off-premise signs, and off- premise signs placed on vehicles or trailors shall be prohibited. 5. Double side signs are permitted, with each allowed the maximum square footage, provided that such signs are completely back-to-back or at an offset no greater than an angle of 45 degrees.

I. Temporary Signs: Temporary Signs are permitted in all districts, without a permit, subject to the following requirements: i. Signs shall be constructed of non-rigid or semi- rigid materials and be designed so as not to be permanently mounted to the ground or structure. ii. Signs shall not exceed six (6) square feet in area. 1. A permit shall be required for any temporary sign exceeding six (6) square feet in area. iii. Signs shall be permitted for a period not to exceed 60 days. 1. A permit shall be required to exceed the 60 day limit. a. The timeframe shall only be extended in 30 day increments. iv. Each lot shall be limited to two (2) temporary signs. 1. A permit shall be required for the placement of additional temporary signs on any one (1) lot. v. Signs consisting of banners, streamers, pennants, and/or inflatable devices with, alone, or in combination with other signs shall follow the regulations of Section V8.2.25, Section I, Temporary Signs. J. Permanent Signs: The following signs shall be permitted. A permit shall be required for each sign unless otherwise specified. i. One ground sign per entrance in conjunction with a permitted or approved special use not exceeding six (6) feet in height and 50 square feet in area. ii. One wall sign in conjunction with a permitted or approved special use not exceeding 32 square feet in area. iii. Directional signs no more than four (4) feet in height and no more than six (6) square feet in area. A minimum setback of 2 feet from any



public right-of-way is required. No permit is required for signs of this type.

V8.2.26Adult Uses Adult Uses shall not be permitted in the Is District. “Adult Uses” shall be considered as any of the following: A. Adult Bookstore, Adult Novelty Store, Adult Video Store: Any commercial establishment which has 35% or more of its stock-in-trade, including inventory and/or displayed items, of any one or more of the following: i. Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, DVDs, Blu-rays, or other visual representations which are characterized by their emphasis upon the exhibition of description of specified sexual activities or specified anatomical areas; B. Adult Caberat: A nightclub, bar, restaurant, theater, or other establishment, whether or not alcoholic beverages are served, which displays: i. Persons who appear nude or semi-nude, ii. Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities, or iii. Films, motion pictures, video cassettes, slides, DVDs, Blu-rays, or other photographic reproductions which are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas.

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V8.3 Appendix

V8.3.1 Approved Tree Species Table V8.3.1 contains a list of tree species approved for planting in adhearance to the requirements of this ordinance.

Table V8.3.1Common Name Height* Crown Spread**White Fur > 30 ft 16 - 30 ftRed Maple > 30 ft > 30 ftSugar Maple > 30 ft > 30 ftHackberry > 30 ft > 30 ftJapanese Sawara > 30 ft 16 - 30 ftHardy Rubber Tree > 30 ft > 30 ftAmerican Beech > 30 ft > 30 ftEuropean Beech > 30 ft > 30 ftGinkgo (male only) > 30 ft 16 - 30 ftThornless Honey Locust > 30 ft > 30 ftSweet Gum (seedless varieties) > 30 ft > 30 ftTulip Poplar > 30 ft 16 - 30 ftCucumber Magnolia > 30 ft > 30 ftDawn Redwood > 30 ft 16 - 30 ftBlack Gum > 30 ft 16 - 30 ftAmur Corktree > 30 ft > 30 ftNorway Spruce > 30 ft 16 - 30 ftWhite Spruce > 30 ft < 16 ftLimber Pine > 30 ft 16 - 30 ftAustrian Pine > 30 ft 16 - 30 ft

White Pine > 30 ft 16 - 30 ftScotch Pine > 30 ft 16 - 30 ftLondon Plane Tree > 30 ft > 30 ftDouglas Fir > 30 ft < 16 ftSwamp White Oak > 30 ft > 30 ftShingle Oak > 30 ft > 30 ftChesnut Oak > 30 ft > 30 ftEnglish Oak > 30 ft > 30 ftRed Oak > 30 ft > 30 ftShumard Oak > 30 ft > 30 ftBald Cypress > 30 ft 16 - 30 ftEastern Arborvitae > 30 ft < 16 ftAmerican Linden > 30 ft > 30 ftSilver Linden > 30 ft > 30 ftCanadian Hemlock > 30 ft 16 - 30 ftJapanese Zelkova > 30 ft > 30 ftHedge Maple 16 - 30 ft 16 - 30 ftPurpleblow Maple 16 - 30 ft 16 - 30 ftRiver Birch 16 - 30 ft > 30 ftEurpoean Hornbeam 16 - 30 ft > 30 ftAmerican Hornbeam 16 - 30 ft > 30 ftKatsura Tree 16 - 30 ft 16 - 30 ftRedbud 16 - 30 ft 16 - 30 ftYellowwood 16 - 30 ft > 30 ftGoldenrain Tree 16 - 30 ft 16 - 30 ftIronwood 16 - 30 ft 16 - 30 ftSwiss Stone Pine 16 - 30 ft 16 - 30 ftAristocrat / Capital Pear 16 - 30 ft 16 - 30 ftSawtooth Oak 16 - 30 ft > 30 ftScholar - Tree 16 - 30 ft > 30 ftLittleleaf Linden 16 - 30 ft > 30 ft

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Trident Maple < 16 ft 16 - 30 ftAmur Maple < 16 ft 16 - 30 ftPaperbark Maple < 16 ft 16 - 30 ftServiceberry < 16 ft 16 - 30 ftWhite Fringe Tree < 16 ft < 16 ftPagoda Dogwood < 16 ft 16 - 30 ftFlowering Dogwood < 16 ft 16 - 30 ftKousa Dogwood < 16 ft 16 - 30 ftCornelian Cherry < 16 ft 16 - 30 ftThornless Hawthorn < 16 ft 16 - 30 ftSaucer Magnolia < 16 ft 16 - 30 ftSweetbay Magnolia < 16 ft < 16 ftCrabapples < 16 ft < 16 ftMugo Pine < 16 ft 16 - 30 ftCherry Species < 16 ft 16 - 30 ftStaghorn Sumac < 16 ft 16 - 30 ftBlackhaw Viburnum < 16 ft < 16 ftYellowhorn < 16 ft < 16 ft

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Institutional & Social

Documents

Transcript of Institutional & Social